California Divorce, Spousal Support

What is the Difference Between Temporary Spousal Support and Permanent Spousal Support?

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The term “spousal support” is discussed frequently regarding California divorces, but many people aren’t aware that there are different types of spousal support.  In California, a court can award either temporary or permanent spousal support depending on the situation.

As a preliminary matter, spousal or partner support in California cannot be ordered by a judge until a court case is started. The court case is usually a divorce, legal separation or annulment, but can also be a domestic violence restraining order. The difference between a “temporary” and “permanent” support order is the time that it is entered and the duration.

A spouse or domestic partner can request a support order to be paid while the case is going on.  This is a “temporary” support order as it is established temporarily to support a party during the case duration. This type of order is known under California law as a “temporary spousal support order” or a “temporary partner support order.” Particularly in situations involving domestic violence, a temporary support order is vital to ensuring the financial stability of a party during the course of proceedings.

For temporary spousal or partners support, a formula is often used to calculate the amount.  This formula can vary depending on which California county you are in. The court’s local rules for each county should explain how temporary support is calculated. 

As an example, in Marin County, the local rules state that the presumed amount of temporary spousal support is 40% of the net income of the party paying support, minus 50% of the net income of the supported party.  In the case where the supported party is also receiving child support, those percentages change to 35% of the net income of the payor (minus child support) minus 45% of the net income of the supported party (without considering child support received). 

As you can see, the calculation of temporary spousal support can be complicated and varies based on the county in which your case is pending.  This is why it is so important to hire an experienced divorce attorney to help you with the calculations of spousal support as soon as you file your case.

A “permanent” spousal or partner support order is usually entered at the end of a case when the judge makes a final determination regarding an award or the parties enter into a binding agreement.  This order will become part of the final divorce or separation decree and judgment.  There are various factors set out by California law that a judge will consider when determining an award of permanent spousal or partner support.  For more information on those factors, see our previous blog post here.

If you want to learn more about whether you qualify for spousal or partner support in your California divorce, separation, annulment, or domestic violence case, contact the attorneys at the Law Offices of Judy L. Burger right away.  Our office has years of experience helping clients obtain the support they deserve.  Call us now at (415) 293-8314.

permanent spousal support
California Divorce, Spousal Support

Permanent Spousal Support: What Factors do Courts Consider?

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In California, a court can award one party permanent support as part of divorce proceedings. This award is called “spousal support” for married couples and “partner support” for domestic partnerships. It is also sometimes referred to as “alimony.” 

California law has established specific requirements to guide judges in determining awards of spousal support in divorce proceedings. Prior to entering an award of permanent spousal support, a California judge is required to consider the factors set forth in California Family Code Section 4320. 

First, the judge will look at the earning potential of each party and decide whether they can maintain the same standard of living established during the marriage.  As part of this the judge will look at the marketable skills of the party asking for support, the time and expense it will take a supported party to develop marketable skills, and the impact of periods of unemployment on the supported party’s future job prospects (for example, a parent who stayed home with the children for several years and may now have trouble finding a job).

The judge will then consider the following factors:

  • Whether the party seeking support helped the other person obtain training, education, a career position, or licensing;
  • Whether the supporting party can afford to pay spousal support. This includes a consideration of their earning capacity, assets, and standard of living;
  • Each party’s monetary needs to maintain the same standard of living;
  • The debts and assets of each party, including separate property;
  • How long the marriage lasted;
  • Whether or not the party seeking support can work full-time without interfering with the interests of dependent children;
  • The health and age of the parties;
  • Documented evidence of any history of domestic violence or criminal convictions of an abusive spouse; and
  • Tax consequences to each party.

After considering these factors, the judge will balance the hardships to all parties and review any other factors that the court believes are fair and relevant to the determination.  The judge will then determine an award for spousal or partner support that will become a part of the final divorce or legal separation order. 

Spousal support determinations in California involve complex legal issues.  It is vital for you to be represented by an experienced California divorce attorney to ensure that you receive the awards that you deserve.  The attorneys at the Law Offices of Judy L. Burger have years of experience obtaining favorable support awards for their clients. Call today to find out how our attorneys can help: (415) 293-8314.