Divorce can bring up scary questions about your future. If your husband managed the finances, you may worry most about losing the financial stability you had. Many California women undergoing or considering divorce feel this pressure.
Spousal support, or alimony, is a critical tool to help you rebuild your life. There are many untrue stories about how it works, but California courts use clear rules to decide fair arrangements.
Temporary vs. long-term support
It’s a common mistake to think spousal support is always for life. The court addresses support at two distinct times. Temporary spousal support is a short-term order. It helps you maintain your standard of living while your divorce case is moving through the court system.
Long-term spousal support is different. The judge determines this at the final judgment of your divorce case. It is never automatic and depends on specific legal factors. Don’t believe the myth that this payment will last forever.
Factors California courts consider
California law requires the court to evaluate a series of factors when setting long-term support. Key considerations for judges include:
- Marital standard of living: The court will try to order support that allows you to maintain the lifestyle established during your marriage.
- Marriages 10 years or fewer: For marriages lasting less than a decade, the goal that the supported party become self-supporting generally sets the duration of support at half the length of the marriage, but the court retains discretion to order support for a greater or lesser period based on the other statutory factors.
- Marriages over 10 years: If your marriage lasted more than a decade, the court is required to consider it a marriage of “long duration,” and generally, retains indefinite jurisdiction to order, modify, or terminate spousal support, but this does not mean the support award itself will be permanent or indefinite.
- Self-support: The court may issue a “Gavron Warning,” advising the supported party to make reasonable efforts to become self-supporting within a reasonable period, a statutory goal under the California Family Code.
These factors, along with others, ensure that support is calculated fairly, taking into account your past and future potential.
Secure your future
Spousal support addresses the financial gap created by divorce. The calculation and determination of spousal support relies on the court’s mandatory evaluation of all the circumstances outlined in California Family Code, which includes your marital lifestyle, the length, the supporting party’s ability to pay, and the goal that the supported party become self-supporting.
Complying with the required financial disclosures and court rules can be challenging. That’s why the guidance of a skilled divorce attorney is essential to securing a sustainable and fair payment plan so that you can approach this new phase with confidence in your financial future.
