If you are considering a divorce in California (or your spouse is considering divorce), one of your chief concerns to think about from the very beginning of the proceedings is alimony, or “spousal support” as it is referred to by California state law. Few areas of family law are subject to more confusion and misinformation than alimony. For starters, there is no minimum time requirement for the marriage to have lasted before spousal support is available to one spouse or the other, but the duration of the marriage will however come into play into determining what spousal support awards are made. Below, we cover a few of the basics with regard to spousal support and length of the marriage.
Spousal Support May Be Requested in All Divorces…
Again, California law does not lay out a specific time requirement for a couple to have been married in order for one spouse to request spousal support from the other. In general, California is more liberal in making spousal support awards than other states, as state law places more of an emphasis on maintaining the standard of living among the spouses and providing a smooth transition following a divorce rather than requiring one spouse to prove he or she absolutely needs spousal support to meet basic living expenses, as is the case in some other states.
…But a Shorter Marriage May Mean a Smaller Award
That said, duration of the marriage is one of the key factors that a court will look at in making a final spousal support award following a divorce. Other factors that a court will consider include the monthly income and expenses of both spouses, the earning capacities of both spouses (meaning one spouse cannot quit his or her job to avoid paying spousal support), total assets held by each spouse, and so on.
What is key to remember in evaluating the factors a court will consider in setting an alimony award is that the award will be for a certain monthly amount (or bi-monthly amount) as well as for a certain duration, and both will obviously affect the total award. For example, a $2,500 spousal support award with a duration of two years (totalling $60,000) will, in the long-run, be less than a $2,000 spousal support award with a duration of three years (totalling $72,000).
Keeping the monthly amount and duration of award in mind, the duration of the marriage will be correlated with the duration of the award. California law says spousal support should be paid for a “reasonable period of time.” While there is no exact period of time specified by law, courts often make awards with durations that are roughly half of the time between the date of marriage and the date that at least one of the spouses decided to pursue divorce. Thus, if you were married six years, then decided to get divorced, a court may well be inclined to make a spousal support award lasting three years.
Pursuing Spousal Support at the Start of Your Divorce
While all of the above information relates to the final spousal support award made by a judge, either spouse may request temporary spousal support as soon as either spouse files for divorce. Again, there is no duration requirement for the marriage for requesting temporary spousal support, but it will terminate once the divorce is finalized, which may be followed by a final spousal support award.
Talk to a California family law attorney about both your rights and obligations to temporary and final spousal support awards as soon as possible to protect your interests throughout your divorce and beyond.
For any questions on family law in California, contact the Law Office of Kelley C. Finan today to schedule a consultation to discuss your circumstances.