Most people are familiar with the term “alimony,” a term frequently used in television and movies, and which you may recall a family member or friend discussing in connection with a divorce. In essence, alimony is money that one spouse pays to another spouse after a divorce, and sometimes while the divorce is ongoing. Alimony is separate from any division of property. Thus, you and a spouse may split your property equally in a divorce, and you could still be required to pay the spouse alimony after the divorce for a matter of years, or even indefinitely.
A lesser used phrase is “spousal support” or even “spousal maintenance.” Spousal support, spousal maintenance, and alimony are all referring to the same thing, again, the funds that one spouse will pay to the other spouse after a marriage. This is also separate from child support payments, and most states do not require that a spouse have a child to properly demand spousal support.
Spousal Support / Alimony Laws Vary Widely By State
Like most areas of family law, spousal support and alimony rules are based in state law, and so the law of the state in which you obtain your divorce (generally, the state in which at least one spouse resides at the time that spouse files for divorce) will determine whether spousal support will be paid, how much the payments will be, and how long they will last.
States vary widely in all of these areas. Some states will only award spousal support where there is a financial necessity on the part of the person requesting spousal support, e.g. if that person does not have income.
Other states, like California, will award spousal support where there is no financial necessity, and will instead award it to help the receiving spouse maintain the standard of living enjoyed during the marriage. For high-earning couples, such awards can amount to many thousands of dollars a month, and may even dwarf the amount of property distributed in the divorce.
How a California Judge Will Award Spousal Support
In California, a person may seek not only spousal support following the divorce, but also temporary spousal support to be paid during the time the divorce is being litigated, which can go on for months. Temporary spousal support awards are usually reached by taking the spouses’ respective incomes and putting them into a formula (a specific county may have one formula that all judges in that county use for this) meant to provide the receiving spouse with a similar style of life as enjoyed during the marriage.
In a final spousal support award, a judge has much wider discretion in setting the amount and duration, but will generally look at the following factors:
- The incomes of both spouses, as well as the income potential of both spouses
- The reasonable expenses each spouse has
- The living standard enjoyed during the marriage
- Other property, assets, and debts held by each spouse
Because spousal support awards often go on for years, the numbers can get quite large when looked at cumulatively, and thus it is advisable to work with a family law attorney to make compelling arguments on the above issues to a family law judge.
Reaching a Settlement Agreement on Spousal Support
Divorcing couples are always free to negotiate a spousal support amongst themselves (with the assistance of their attorneys) which can be memorialized in a settlement agreement that the judge will then approve. Reaching a settlement agreement is preferable to litigating, as it saves money on legal fees, reduces delay and friction, and allows the divorcing spouses to reach an agreement that works for them. Talk to a family law attorney about creating a settlement agreement in your divorce.
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.