When is Spousal Support Ordered in a California Divorce?
Spousal support, also referred to as alimony, can be ordered under the California Family Code as temporary or long-term support in three general circumstances: in a divorce, in a legal separation, or in connection with domestic violence and a restraining order. The reasons for a court to order spousal support are the same in a divorce (i.e., a dissolution of marriage) and a legal separation under Section 4330 of the California Family Code.
What are those reasons for ordering spousal support, and should you anticipate that spousal support will be ordered in your divorce? Consider the following information.
California Family Code on the Ordering of Spousal Support
Under Section 4330, in a divorce or legal separation, “the court may order a party to pay for the support of the other party an amount, for a period of time, that the court determines is just and reasonable, based on the standard of living established during the marriage,” and “taking into consideration the circumstances…”
In short, if one party files a Request for Order or a motion for spousal support, the court can order it on a case-by-case basis. It is not automatically ordered in a case. The factors for the court to consider in determining whether to order spousal support are outlined in Section 4320 of the California Family Code. These factors can also be relevant in determining the duration of the spousal support ordered.
Factors for Making a Spousal Support Determination
To determine whether an order of spousal support would be just and reasonable, Section 4320 cites a wide range of factors to be considered, including but not limited to the following:
- Each party’s earning capacity and whether it is sufficient to maintain the standard of living during the marriage;
- Each party’s contribution to the other’s education, career position, and other elements related to the other spouse’s earning capacity;
- Ability of the supporting spouse to pay spousal support;
- Obligations and assets, including the separate property, of each party
- Each party’s needs based on standard of living during the marriage;
- Duration of the marriage;
- Ability of the supported party to obtain gainful employment and whether it would unduly interfere with the interests of dependent children in the custody of the party;
- Parties’ ages and health;
- History of domestic violence; and
- Immediate and specific tax consequences of spousal support
- Balance of hardships to each party
- Goal that the supported party shall be self-supporting within a reasonable period of time
- Whether there is a criminal conviction of an abusive spouse
- Any other factor the court determines are just and equitable
There are other statutory factors listed, and the statute explains that the court can also take into account any other relevant factors that are “just and equitable.” The California Family Code clarifies that spousal support will have a limited duration and be ordered only for a “reasonable period of time,” except “in the case of a marriage of long duration.” A “reasonable period of time” is generally one-half the length of marriage, but if it is a marriage of long duration, there is no set or general rule for the length of time spousal support should be ordered.
Contact a Divorce Lawyer in San Jose Today for Questions About Spousal Support in Your Case
Whether you have questions about seeking or paying spousal support in connection with your California divorce, it is important to obtain legal advice. As we discussed above, spousal support is not ordered in all cases, but it may be ordered based on the circumstances of the case and the parties involved. To learn more about spousal support or to begin working on this issue in connection with your divorce, you should get in touch with an experienced San Jose divorce attorney at Foster Hsu, LLP. Contact us today for assistance.
Sources:
law.justia.com/codes/california/code-fam/division-9/part-3/chapter-3/section-4330/
leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=FAM§ionNum=4320
