This tool provides an estimate amount only as to how much money you may or may not be required to pay annually. An attorney can argue that the proposed guideline amount be increased or reduced. Contact an attorney to discuss your spousal support case in confidence. Order an official spousal support report for $49.95. We will prepare the report using the California court approved CalSupport Pro solution. The report will provide a spousal support guideline as to how much money you or your spouse may have to pay in support. Orders are processed within 1 to 3 business days. Sign up on our website today to get started.
California Spousal Support Guidelines
Thank you for using our California spousal support calculator. Our calculator formula is based on the Santa Clara guideline. The estimated support amount referenced above is referred to as guideline support. At San Diego Esquire, we help California residents obtain, modify and terminate spousal support orders. Sign up on our website today to get started. Call or text us at (858) 413-7980 for more information about our services. Upon submission of your order, our attorney will contact you to obtain more information about your matter. We will draft the legal documents and personal declarations you need to obtain a spousal support order. Read on to learn more about California spousal support laws and how San Diego Esquire can help you obtain, modify or terminate a spousal support order.
Spousal support, also referred to as alimony, occurs when one spouse is ordered to pay another spouse money to maintain the marital standard of living upon legal separation or divorce. There are two types of spousal support: temporary spousal support and permanent spousal support. Temporary spousal support is ordered while the divorce or legal separation is pending. Most temporary support orders end upon the entry of the divorce judgment in which a permanent order may be applied. Permanent spousal support order is based on many factors as identified below. Permanent spousal support orders are granted to help a spouse cover his/her basic expenses as he/she transitions into a new lifestyle. California family law requires both parties to become self-supporting within a reasonable time after divorce. A spousal support order may be reserved for the issue to be addressed as a later time by the court and parties. The payor spouse may deduct spousal support as taxable income. The spouse receiving the support must claim it as taxable income.
Temporary Spousal Support
Temporary spousal may be ordered to preserve the marital standard of living throughout the divorce. The court has authority to order a spouse to pay temporary spousal support pursuant to Family Code Section 3600. Most counties, such as Los Angeles County and San Diego County, use preset formulas to equitably distribute income to determine a guideline support formula. Common guideline formulas include Santa Clara and Alameda. Our calculator above is based on the Santa Clara Guideline Formula. The court will consider voluntary or mandatory retirement, union dues, medical insurance premiums, mortgage interest, and property taxes when determining each spouse’s income to attribute to support.
Permanent Spousal Support
Family Code section 4320 factors are weighed to determine whether a permanent support order should be granted. Such factors include the following:
• The marketable skills of the supported party.
• The extent to which the supported party’s present or future earning capacity is impaired by periods of unemployment that were incurred during the marriage to permit the supported party to devote time to domestic duties.
• 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 obligations and assets, including the separate property, of each party.
• The duration of the marriage.
• The ability of the supported party to engage in gainful employment without unduly interfering with the interests of dependent children in the custody of the party.
• The age and health of the parties.
• Documented evidence of any history of domestic violence.
• The immediate and specific tax consequences to each party.
• The balance of the hardships to each party.
• The goal that the supported party shall be self-supporting within a reasonable period. Except in the case of a marriage of long duration as described in Section 4336, a “reasonable period of time” for purposes of this section generally shall be one-half the length of the marriage.
• The criminal conviction of an abusive spouse.
• Any other factors the court determines are just and equitable.
How Long Will I Receive Spousal Support?
Temporary spousal support orders last until the final divorce judgment is entered. The length of a permanent support order (alimony) will depend on how long a couple were married. For example, a couple who were married for less than ten years may subject the payee spouse to pay spousal support for one-half the length of the marriage. If the marriage lasted longer than ten years, the court may not set a specific end date for alimony. The parties may negotiate an end date in exchange for marital property.
How to Modify Spousal Support
Either spouse can request for their spousal support order to be modified unless there is an agreement which prohibits such modifications. Spousal support automatically terminates upon the death of a spouse or the remarriage of a spouse. Supported spouses living with a new partner can also face a spousal support reduction.
How to Terminate Spousal Support in California
Spousal support termination results in a spouse losing all monetary support. Spousal support automatically terminates when a supported spouse remarries or either spouse passes away. If your spousal support is paid via wage garnishment, you may need a court order to terminate the garnishment. In addition, if a spouse receiving spousal support is cohabitating with another partner, the payor spouse may petition the court to have the support amount modified. Contact San Diego Esquire for more information on how to obtain, modify or terminate a California spousal support order. Our legal services start at $595 flat fee. Work one-on-one with our attorney to complete the documents you need to obtain a court order. Sign up today to get started. Review our California Spousal Support Frequently Asked Questions for more information.