California Spousal Support
There are two types of spousal support in California: temporary and long-term (also known as rehabilitative alimony) spousal support.
Temporary spousal support is ordered by a judge during the divorce process and typically continues until the divorce is final. Temporary support is intended to help the spouse with less income cover their monthly expenses while the divorce is pending. The amount of support is often calculated using a formula based on the higher earner’s net monthly income and the lower earner’s net monthly income, but judges may adjust the amount based on specific circumstances, such as college expenses, medical bills, or savings.
Long-term spousal support may be ordered as part of the final divorce judgment and is intended to help the recipient become self-supporting. There is no set formula for calculating long-term support.
Instead, judges consider several factors, including:
Each spouse’s needs are based on the standard of living they had during the marriage.
Each spouse’s earning capacity.
The length of the marriage.
The age and health of each spouse.
Contributions one spouse made to the other’s education or career.
History of domestic violence.
Tax consequences of spousal support.
A person may qualify for spousal support if they need financial assistance and their spouse has the ability to pay. For example, a spouse who left the workforce to care for children may qualify for support to help them get back on their feet. The length of time support is awarded will vary depending on the circumstances, but for marriages less than ten years, support will typically last for half the length of the marriage. For marriages over ten years, there is no assumption about how long support may last.
Judges may modify spousal support orders if there is a significant change in circumstances. For example, if the paying spouse loses their job or the receiving spouse gets a significant raise, the support order may be adjusted.
Lvovich & Szucsko, P.C. Podcast Guide
Temporary Spousal Support in California– 18 minutes, 44 seconds
California Courts and Franchise Tax Board documents explain the tax implications and legal considerations of spousal support, also known as alimony. There is a difference between temporary and long-term support, we outline how to establish support agreements and how the agreements are affected by changes in federal and state tax laws, particularly the 2019 federal changes. We detail the factors judges consider when determining support amounts and durations in divorce or separation cases. Finally, we offer guidance on reporting spousal support for both state and federal tax purposes, emphasizing the discrepancies between federal and California state laws.