How Do California Courts Determine Spousal and Partner Support?
Spousal Support

How Do California Courts Determine Spousal Support and Partner Support?

Under California law, when a couple divorces or legally separates, a court can order spousal or partner support. Spousal or partner support can be ordered on a temporary basis, while the court case is pending. It can also be ordered by the court on a permanent basis at the end of the case, such as when a final divorce order is entered. Either way, a case must be pending before a court can become involved.

A court may enter a temporary support order to provide for support of a spouse or partner while the court case is pending. The factors used by California courts in determining the amount of a temporary order are set locally by court rule. For example, in San Francisco County, the local court rules provide that the Santa Clara schedule will be used to calculate the default amount of spousal support. However, the judge may decide, for reasons that constitute “good cause”, that a different amount is appropriate.

A court may also enter a permanent or long-term support order at the end of a case. California law mandates that many factors be considered by the judge in setting this award, including but not limited to the following:

  • The length of the marriage or partnership;
  • Each party’s age and health;
  • The Marital Standard of Living;
  • Each party’s debts and assets;
  • Each party’s needs;
  • Each party’s earning capacity;
  • The ability of the paying party to pay support;
  • The ability of the receiving party to work without adversely affecting the parties’ minor children;
  • The tax consequences to each party;
  • Whether one party helped the other to receive an education, a license, or a similar achievement; and
  • The occurrence of domestic violence between the parties or against their children.
The court must also consider “the goal that the supported party shall be self-supporting within a reasonable period of time”, as well as hardships presented to each party. It may also consider other matters that it considers are just and equitable to make a proper order of support.

As you might imagine, how these matters are presented to a court can make a significant difference in the support order. You want an attorney with substantial experience in Northern California who will represent you aggressively. Please contact The Law Offices of Judy L. Burger at (415) 259-6636 to learn more.
Annulment, California Divorce, Domestic Violence, Legal Separation

What are California’s Rules for Spousal Support?

When is Spousal Support Allowed?
When is Spousal Support Allowed?
Spousal support, also known as alimony, is a payment made by one spouse to the other for support during or after legal separation or divorce.  A party can ask the court in his or her first filing to award temporary alimony to help the party meet expenses during the divorce. Similarly, a party seeking a domestic violence restraining order may also seek spousal support. A judge must consider certain factors before awarding spousal support, such as the ages of the parties, the standard of living of the parties during the marriage, the earning capacity of both parties, and the length of the marriage or domestic partnership.  Domestic violence committed by one party against the other may also be considered. Spousal support generally falls into one of two categories depending on the intended purpose of the alimony.  Rehabilitative alimony is intended to help a spouse get on his or her feet financially and usually is limited to a specific amount of time.  Permanent alimony may include monthly payments, lump sum payments, annuity payments, or trust payments.  Permanent alimony usually terminates upon the remarriage or romantic cohabitation of the receiving spouse or upon the death of either party. The Law Offices of Judy L. Burger can assist you in pursuing or defending a claim for spousal support.  Judy L. Burger is known for her aggressive representation of clients in high conflict cases in and around the San Francisco Bay and Sacramento areas. If you are in need of assistance regarding alimony, call us today to learn more about how we can help.  Call (415)293-8314 in the San Francisco Bay area or (916) 631-1935 in the Sacramento area, or contact us online via our confidential inquiry form.