Spousal Support
Spousal support (also known as alimony) is payment made by one ex-spouse to another to help support them during and after divorce proceedings. It is usually ordered when the judge finds that the divorce caused economic consequences for one ex-spouse. Below are the four types of alimony along with the factors in spousal support.
Four types of Spousal Support
Temporary – This is also known, as “alimony pendente lite” is an ongoing payment that is made when a couple is separated or in divorce proceedings, but not yet divorced. It can include payment for divorce costs, daily expenses, and continues until the court determines permanent alimony.
Permanent – The amount awarded after the conclusion of divorce proceedings, paid on a regular, recurring basis. Permanent alimony is usually due indefinitely, but is subject to change under certain circumstances such as remarriage or cohabitation.
Rehabilitative – In situations in which one ex-spouse is not self-sufficient, the judge may order payment of rehabilitative alimony to provide financial support while searching for a job or while attempting to expand employment skills. This is typically ordered for a fixed period of time.
Reimbursement– This type of alimony was intended to balance the scales on any support provided for higher education or work training by one ex-spouse. It requires a regular payment to reimburse the sponsoring ex-spouse the tuition costs paid, or a portion of those costs.
Lump-sum – This is also known, as “alimony in gross.” If one ex-spouse does not want any property or items of value from the marriage, the judge may order a one-time lump-sum payment in replacement of the property.
How the court awards
Spousal support awards are generally based upon the needs and abilities of each party, and when deciding, judges look at the following factors:
• The duration of the marriage
• Health and physical condition
• The earning capacity of the parties
• Present income of the parties
• The extent to which the supported party contributed to the attainment of an education, training, a career position, or a license by the supporting party;
• The ability of the supporting party to pay spousal support
• The needs of each party based on the standard of living established during the marriage
• The jurisdiction of the marriage
California alimony laws allow for temporary support to the necessary party before there is final judgment. The court has the power to order temporary alimony based on a spouse’s need and the other spouse’s ability to pay.
Alimony and Temporary Support
Temporary spousal support generally has nothing to do with the length of the marriage. A party seeking spousal support isn’t deprived on the right to receive support even if they have income. What is reviewed is the comparative income circumstances of the two parties. The greater the difference in income, the higher the support the paying party must give. Temporary orders are traditionally ordered to be paid directly to the deemed party. The duration of the alimony generally lasts until there is a final judgment or any other date set by the court.
Courts normally use one of two computer programs to calculate temporary support: the Dissomaster or Xspouse. These programs are the same systems used to calculate child support in California. Whether the program Dissomaster or Xspouse are used, the same limitations as you would enter for child support, which include income, tax filing status, exemptions, are entered for alimony. The program determines what the net disposable income is and what alimony should be on a temporary basis. The program is not used for long term alimony, that would be forbidden in California.
Calculation
If the spouses have children, this calculation is typically made with the child support calculation. The amount of the alimony is dependent on the amount of child support ordered, which means that if the child support amount is eliminated, the alimony may increase. The final support numbers depend upon how much income the court is attributing to each party. Only certain expenses matter for purposes of temporary support in California. What doesn’t matter much at the temporary phase are most personal expenses like credit card bills, rent and other costs of living. When calculating income to determine temporary support, the court will typically go back approximately 12 months. That time period is typically a fair and representative one of income, especially when income is fluctuating. The court can go longer especially if a spouse is self-employed.
For matters on spousal support, contact an experienced divorce attorney. Brett Thorsteinsonis your trusted divorce and family law attorney. With offices in Long Beach and Huntington Beach, we serve clients throughout Los Angeles and Orange Counties.
