Spousal Support

How California Courts Calculate Spousal Support in Short- and Long-Term Marriages

You are navigating a challenging period following your decision to end your marriage. The divorce process introduces various uncertainties, one of which is the determination of spousal support. The resolution in your case will depend on the specifics of your circumstances; however, understanding California courts’ approach to spousal support can provide some clarity. For marriages lasting fewer than 10 years, courts generally presume support should extend for half the duration of the marriage. For longer marriages, courts possess greater flexibility in deciding both the length and the amount of spousal support.

Several factors influence the court’s decision regarding spousal support, including:

• Age and Health Status: Older spouses and those with health issues may be awarded support for a longer duration.
• Employment History and Income Potential: The court takes into consideration if one spouse sacrificed a career to manage the home or care for children.
• Standard of Living During the Marriage: The aim is to allow both spouses to maintain a lifestyle akin to that enjoyed during the marriage.
• Length of the Marriage: Generally, the longer the marriage, the greater and more prolonged the support.
• Child Custody Payments: If the higher-earning spouse is providing child support to the lower-income spouse, this will influence the amount of spousal support awarded.

Understanding these factors can demystify the process and, when coupled with legal counsel, can equip you to approach negotiations with clarity. An equitable and understanding approach can lead to a resolution that is fair for both parties.

The court also has the discretion to set support with no fixed duration, taking into account each spouse’s assets, earning capacity, and other relevant factors. Gaining an understanding of how the law operates in California can help you better prepare for discussions with your attorney.

Spousal Support in Short-Term Marriages

Spousal support in California may be ordered for short-term marriages, which are defined under Family Code Section 4336 as lasting less than 10 years. The court considers the following factors to determine spousal support for a short-term marriage: the income of both parties and the duration of the marriage.

The court typically divides the duration of the marriage by half to determine the support period. For example, if a marriage lasted 8 years and 6 months, the court may order spousal support for 4 years and 3 months.

The court will assess the parties’ incomes, which may include $0 for a non-working spouse, and use a program called Dissomaster to calculate the monthly support amount.

Spousal Support in Long-Term Marriages

For marriages lasting 10 years or longer, California courts generally award permanent spousal support. The duration of the marriage is a key factor in determining both the amount and duration of spousal support. Under California Family Code Section 4320, the court considers the marital standard of living, the supporting spouse’s ability to pay, and the supported spouse’s financial need and ability to be self-supporting.

Marital Standard of Living 

The marital standard of living refers to the general standard of living enjoyed by both spouses during the marriage. The court aims to provide the supported spouse with enough support to maintain a lifestyle reasonably comparable to that enjoyed during the marriage.

Supporting Spouse’s Ability to Pay

The supporting spouse’s ability to pay depends on their income, assets, and earning capacity. The court considers income from all sources to determine how much the supporting spouse can afford to pay.

Supported Spouse’s Financial Need and Self-Supporting Ability

The supported spouse’s financial need and ability to be self-supporting are influenced by factors such as: Education, job skills, age, and health; time spent out of the workforce to care for children and its impact on career and earning potential; income and expenses; earning capacity if they rejoin the workforce; availability of jobs within their field given their experience and education.

Income and Expenses

The court evaluates both parties’ income and expenses, including income from employment, investments, pensions, and business interests. It also determines each party’s reasonable monthly expenses. If there is a significant disparity in income, the court may order higher spousal support to help equalize the parties’ standards of living post-divorce.

Age, Health, and Earning Capacity

The court considers each party’s age, health, education, employment history, and potential earning capacity. If one party sacrificed their career or education for the family, higher spousal support may be ordered. The court can also consider future earning capacity in some cases.

Balancing the Interests

In determining spousal support, the court aims to balance the interests of both parties, striving to maintain a standard of living as close as possible to the marital standard of living while recognizing the supporting spouse’s desire to move on after divorce. The court has broad discretion but will consider all Section 4320 factors to reach a fair outcome.

Length of the Marriage

The duration of the marriage is a key factor. Longer marriages are more likely to result in permanent support. For marriages under 10 years, support typically lasts no longer than half the length of the marriage.

Age and Health of the Parties

The court considers both parties’ ages and their physical and emotional health. If one spouse is unable to work due to age or health issues, the other may have to pay higher support.

Income and Assets of Each Party

The court examines the earning capacity, income, assets, and debts of each spouse. The higher-earning spouse is likely to pay support, aiming for a fair division of marital assets.

Ability to Pay

The court determines whether the higher-earning spouse has the ability to pay support. If a spouse’s income decreases or expenses increase, the court may modify or terminate support.

Needs of Each Party

The court considers the reasonable needs of each party based on the marital standard of living, including living expenses, health insurance, transportation, and entertainment. Support should allow each spouse to maintain a lifestyle similar to that during the marriage.

In summary, the Section 4320 factors aim to reach a fair determination of spousal support, considering both parties’ circumstances during and after marriage.

For long-term marriages, permanent spousal support typically continues until either spouse passes away or the supported spouse remarries. The court may order spousal support payments to be made indefinitely to ensure financial stability and security for the supported spouse after divorce. However, the amount and duration of spousal support can be modified if there are significant changes in circumstances for either spouse, such as changes in income or financial need.

In summary, for marriages lasting 10 years or longer, California courts consider the Section 4320 factors to determine a spousal support amount and duration that enables the supported spouse to maintain a standard of living comparable to that enjoyed during the marriage. Spousal support is typically ordered as permanent to provide ongoing financial support and security.

If you are in need of an family law attorney, call Ms. Sahar Maknouni at Maknouni Family Law Firm, APC. With her extensive experience and dedication to family law, Ms. Maknouni will provide you with personalized and compassionate representation. She understands the complexities of divorce and will advocate for your best interests, ensuring a fair resolution for spousal support, asset division, and child custody. Don’t navigate this challenging time alone—reach out to Ms. Sahar Maknouni today for expert legal guidance and support.