Spousal Support in California Divorce Cases: Understanding the Factors

Apr 25, 2023

Spousal Support in California Divorce Cases: Understanding the Factors

Divorce can be overwhelming and stressful, especially when it comes to spousal support. Spousal support, also known as alimony, is a payment made by one spouse to the other after the dissolution of marriage or separation. Spousal support serves as financial assistance to the ex-spouse who may have a lower income, limited work skills or who might have stayed home to take care of children. In California, spousal support is a complex legal issue that requires a thorough understanding of state law. In this blog, we will discuss the factors that courts consider when calculating spousal support, how it is determined, and what your options are if you're unable to pay or your ex refuses to pay.


Factors considered by California courts when determining spousal support


The amount of spousal support is not fixed and varies on a case-by-case basis. California courts consider several factors that impact the determination of spousal support. These factors include the following:


1. The length of the marriage: The longer the duration of the marriage, the greater the likelihood of significant spousal support.


2. Marital standard of living: The lifestyle that the couple enjoyed during their marriage serves as an important factor in awarding spousal support.


3. Health of both spouses: If one spouse has a health condition that prevents them from earning a living, this may impact the calculation of spousal support.


4. Education and earning capacity: The education, work experience, professional skills, and earning capacity of each spouse are also considered.


5. Contributing factors: Contributions of a spouse to the other spouse’s education, career advancement, and income may also be considered.


How is spousal support calculated in California?


In California, the court uses a specific formula to determine temporary spousal support. This calculation is based on the earning capacity and income of both parties. However, permanent spousal support is more complex and can vary from case to case. When making decisions about permanent spousal support, the court takes many factors into account. It is highly recommended that individuals seeking spousal support retain the services of an experienced attorney before initiating legal action.


What happens if I am unable to pay spousal support?


The obligation to pay spousal support continues as long as the court has ordered. In California, failure to pay spousal support can result in wage garnishment, property liens, contempt of court, and other legal consequences. If you are unable to pay, the court may modify your support obligations upon a showing of “changed circumstances,” such as loss of income, change in income, job loss, or illness.


What are my options if my ex refuses to pay spousal support?


If your ex-spouse refuses to pay spousal support per the court order, there are several options available. It is important to first contact an attorney and seek legal advice. Your attorney can assist in filing a motion to enforce the support order, which may result in wage garnishment or other legal action against your ex-spouse. Additionally, your attorney can also assist you in seeking back payments and damages that you are entitled to.


Spousal support is a critical aspect of divorce, and California courts take it very seriously when making spousal support decisions. The amount and duration of spousal support depend on several factors and can significantly impact the financial well-being of both spouses. Consult an experienced attorney to help you navigate the complexities of spousal support and ensure that your legal rights are protected during this challenging time. At Widger & Widger, APLC, we have helped many Los Angeles residents with their divorce matters, including spousal support issues. Contact us today to schedule a consultation.


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