The following are some of the most often questions asked by clients about California spousal support.
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Spousal Support Questions
Clients often have many spousal support questions which they contemplated either before, during or after divorce. The following are answers to some of the most often encountered spousal support questions asked by our client. Be sure to contact our office should you have spousal support questions that were not answered in this post.
Q: What is California spousal support?
Spousal support is the term used for payments by one spouse to the other spouse and can be in the form of temporary spousal support or permanent spousal support.
Q: What is temporary support?
Temporary spousal support are payments made to one spouse during and up to the finalizing of a court matter; most often a divorce.
Q: What is permanent support?
Permanent spousal support is payments made to maintain the standard of living established during the marriage.
Q: What is alimony?
Alimony is synonymous to the term spousal support.
Q: Why do California courts award support?
Spousal support in California is meant to bridge the gap between the time it takes for that spouse to obtain employment or resources that meet their cost of living needs. After divorce, one spouse is often left at a disadvantage due to the fact they are untrained or cannot obtain employment because they have been out of the workforce for such a significant amount of time. Spousal support allows them to maintain the established marital standard of living while they become self-supporting.
Q: Is support awarded in all divorce cases?
Spousal support is determined by each spouse’s income and their ability to attain employment to become self-supporting. Spousal support is not awarded in all cases but can be awarded to either spouse should they need support to maintain the standard of living experienced during marriage.
Q: Why should I care about paying spousal support?
Spousal support is often the largest financial obligation you will incur as part of your divorce. It can last for extended periods and result in substantial costs which, if not paid, can be enforced through a contempt proceeding.
Q: When does a court use the Dissomaster program?
While a California court may use a computer program to calculate guideline temporary spousal support, the courts are not allowed to use the Dissomaster program in calculating permanent spousal support. The court must consider a number of factors before making an award for permanent spousal support.
Q: Does my spouse’s infidelities affect support?
California is considered a no-fault state which means that the courts will not consider your spouse’s affair when determining spousal support payments. However, if your spouse is cohabitating, the court must presume she has a decreased need for spousal support.
Q: Should I avoid going to court?
You should always try to negotiate before taking action to litigate spousal support. However, beware that should you negotiate you will need to make sure any agreement addresses all aspects of spousal support.
Q: What is the California 10-year rule?
Marriages of 10 years or more are considered marriages of long duration in California. As such the court is not allowed to set a definite termination date for spousal support at the time of the trial. While the court cannot terminate spousal support by a certain date, they can set a date for termination. In marriages that are over 10 years spousal support is presumed to be no longer in duration than half the length of the marriage.
Q: Can I stop paying support when I retire?
In California, you are entitled to retire at age 65 and cannot be required to work to support your spouse beyond that age. You may be able to terminate spousal support should you be forced into early retirement.
Q: How does my raise affect support payments?
A California court cannot consider your increased post-separation earnings as a basis for awarding support beyond that which is justified by the marital standard of living.
Q: Is support reduced if my income is reduced?
If your employment has been terminated, by no action of your own, you can request the court issue a temporary to reduce spousal support. Should you be unable to obtain comparable employment and have to take a pay cut, you may be able to receive a permanent spousal support reduction or termination.
Q: Is support reduced if I’m self-employed?
Should your business be affected and you earnings are reduced, you should be able to have your spousal support obligations reduced.
Q: How much do I have to work if I’m self-employed?
In California, you are required to work a reasonable work regimen which takes into consideration your particular abilities.
Q: How does bonuses or overtime pay affect support?
You can be required to make these payments but, unless there is an annual cap, any court order could end up providing your former spouse with more support than is consistent with the marital standard of living.
Q: Does my spouse’s increase in income affect support?
You can have your payments for spousal support reduced or terminated should your former spouse begin to earn more.
Q: Can I force my former spouse to work?
You cannot get a court order to force your spouse to work but you can request a vocational assessment and request the court to consider lowering or terminating support if they have not sought out employment. The court can also assign income to your former spouse if you can prove they are purposefully avoiding employment despite the availability of positions consistent with their skills.
Q: How does my spouse’s disability affect support?
You can request that you former spouse submit to an Independent Medical Evaluation (IME). Once completed, you can then have it reviewed by a licensed vocational counselor who will make suggestions as to what type of employment is available for your former spouse.
Q: How does the property we divide affect spousal support?
The assets your former spouse receives are considered and often used to argue for an order to limit or deny spousal support.
Q: How does bankruptcy affect support?
Under U.S. Federal law, spousal support obligations are generally non-dischargeable in bankruptcy.
Q: How does payment of support affect tax filings?
The paying spouse can claim a deduction for spousal support payments which are taxed as income to the former spouse.
Q: What effect, if any, does my former spouse’s new live-in friend have on spousal support?
You can request a reduction in spousal support based on the support your former spouse is receiving from their live-in friend.
Q: What happens to spousal support payment when my former spouse remarries?
Your obligation to pay spousal support ends upon your former spouse’s remarriage.
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For more answers to your spousal support questions, click on one of the following links:
California Spousal Support Declaration
California Support Modification
California Spousal Support Orders
