Five FAQ about Spousal Support in a California Divorce
When you’re going through a divorce, there are three main legal issues to be resolved: asset division, child custody and support, and spousal support.
Each of these issues is complex and multi-faceted, involving many deeply personal considerations. Amidst the emotional turbulence and logistical stress of ending a marriage, financial matters can become contentious and challenging to untangle.
Knowing a few basics about the laws governing spousal support can help you stay calm, clear-headed, and business-like in negotiations. A skilled family law attorney can help you navigate these complex issues and achieve positive outcomes that help you move forward with your new life.
- What is Spousal Support in California?
Spousal support — often known as “alimony,” or “spousal maintenance” — is the legal requirement for one spouse to provide financial assistance to the other spouse following divorce or legal separation. The goal is to ensure that a lower-earning partner can maintain a standard of living comparable to when they were married.
All 50 states enforce some form of support, although the terminology and rules vary from state to state. California uses the legal term “spousal support” for support arrangements between married people who are dissolving their marriage, and “domestic partner support” when it’s between domestic partners who are splitting.
- What Types of Spousal Support Am I Eligible For?
Although a higher-earning spouse typically pays support to the lower earner, this is not automatic; many factors influence the calculation. Every divorce is unique, and spousal support arrangements are not one-size-fits-all. The type and amount of support you may be eligible for will depend on many variables. Here’s an outline.
Spousal support is based on two main factors:
- One spouse’s need
- The other spouse’s ability to pay
Spousal support is divided into two basic types:
- Temporary: Provides financial assistance to a spouse during the divorce process. The spouse with the lower income can request spousal support from the court as soon as the divorce papers are filed. Couples who agree on a support amount can request that the court order that amount. When a couple cannot agree, the court will decide; the amount is typically calculated based on a standard formula. These monthly payments end when the judge issues a permanent order.
- Permanent: When your divorce is finalized, the judge may award long-term support. Permanent support is often called “rehabilitative support” because it is designed to help the recipient attain the job, education, training, or experience they need to be able to support themselves; in other words, it’s based on how long and how much money it will take for a spouse who currently requires support to become self-sufficient. It’s essential to note that many dissolutions do not include an award of permanent support, and even “permanent” typically does not mean lifelong.
Guided by California Family Code 4320, the court will evaluate many factors in determining permanent support:
- Length of marriage. Support is based on a “reasonable” amount of time for a lower-earning partner to become self-supporting. The court assumes that, typically, the longer you were married, the longer it will take to resolve. For marriages lasting under 10 years, support will generally last for half the length of the marriage. For marriages of over 10 years, the law allows support to extend “as long as the one spouse needs the support and the other spouse can pay.”
- Income. How much money each partner earns and the difference between their incomes.
- The couple’s shared assets and debts
- The standard of living the couple was accustomed to during the marriage.
- Parenting responsibilities: Can both co-parents work without compromising their children’s best interests, or will someone earn less at a job because they’re the primary caregiver?
- Age and health of each spouse.
- Has the earning capacity of one spouse been impacted by marriage and/or family?
- Career contributions: Did one spouse make sacrifices that supported the other’s education or career growth during the marriage?
- Each spouse’s ability to work, including factors that may impact getting and maintaining a job, such as:
- Skills
- Relevant job market
- Education and training needs—time and money required.
- Evidence of domestic abuse or violence (see #4 below)
- Can Men Get Alimony?
Yes. California’s spousal support laws are gender neutral—men and women can receive it. Again, the primary consideration in awarding spousal support is the financial need of one spouse and the ability of the other to pay. If a husband demonstrates that, following divorce, he will be unable to maintain a standard of living similar to that during the marriage, the higher-earning wife can be ordered to pay.
- Are Alimony Payments I Receive Taxable Income?
As far as federal income taxes, the answer is no:
- Spousal support recipients do not have to report payments
- Spousal support payers cannot deduct payments
When it comes to California state income taxes, the answer is more complex:
Currently (as of January 1, 2019):
- Spousal support recipients must report support payments as income
- Spousal support payers can deduct the payments on state income tax forms
However, if your judgment or spousal support order was completed before January 1, 2019, California tax laws are aligned with federal. In that case:
- Spousal support is not taxable for the recipient, nor tax-deductible for the payer.
- How Can I Get Out of Paying Alimony?
Spousal support is not automatic; it is awarded on a case-by-case basis, taking into account various factors, and is not awarded in all divorces. However, if you have a court order to pay spousal support, you are legally obligated to pay it. Failure to pay or stopping payments without a court order can result in serious legal consequences, including financial penalties, contempt of court, and even jail time.
Existing Spousal support orders can be terminated when there is a legally valid change in circumstances, such as:
- Payer’s income decreases for reasons beyond their control
- The payer is 65+ years old and ready to retire
- The recipient’s income has increased, and they are now self-sufficient
- The recipient remarries or is cohabiting with a new partner
- Support orders automatically end if the recipient dies before the end of the obligation
Additionally, if both spouses agree to modify or end the support, they can submit a written agreement for court approval.
A valid prenuptial agreement (“prenup”) can help smooth and streamline the big matters in your divorce process, including spousal support. However, it is crucial to understand that prenup provisions regarding spousal support, including waivers, are complex and nuanced and will be unenforceable if they do not meet specific legal requirements. It is essential to have the guidance of a knowledgeable and experienced attorney when crafting a prenuptial agreement.
Under California Family Code section 4325, a history of domestic violence can also impact support obligations. In cases where one spouse has a criminal conviction of domestic violence “within five years before the filing of the dissolution proceeding or during the dissolution proceeding, there shall be a rebuttable presumption” that “An award of spousal support to the convicted spouse from the injured spouse is prohibited.” This is a complex and delicate legal area, and you should speak to your attorney.
The skilled family law team at SFLG has been handling spousal support matters for over 35 years. We offer expert legal guidance even in high-asset and high-conflict divorces, offering personalized attention and creative solutions to thorny problems.
