Spousal support, also called alimony, is one of the most contested issues in California divorce cases. Whether you’re the spouse requesting support or the one who may be ordered to pay, understanding how courts make these decisions is essential.
At Law Office of Michael L. Fell, we help clients navigate the complexities of spousal support, ensuring that agreements are fair, realistic, and legally sound.
The Purpose of Spousal Support
Spousal support is designed to provide financial stability after a marriage ends. In many cases, one spouse earns significantly more than the other, or one spouse may have sacrificed career opportunities to support the household or raise children. Support ensures that both spouses can maintain a standard of living that is as close as possible to what they experienced during the marriage.
Temporary vs. Permanent Support
California courts may award two types of spousal support:
- Temporary (pendente lite) support: Ordered while the divorce is pending to help cover living expenses.
- Permanent (long-term) support: Ordered after the divorce is finalized, usually for a set period, though in longer marriages it can sometimes continue indefinitely.
The formulas and factors for each type of support differ, making experienced legal guidance critical.
Factors Courts Consider
When deciding spousal support, judges look at multiple factors under California Family Code Section 4320, including:
- Length of the marriage: Longer marriages often result in longer support obligations.
- Earning capacity: Each spouse’s ability to earn income based on education, job history, and the job market.
- Standard of living: The lifestyle enjoyed during the marriage is a major benchmark for determining what’s “fair.”
- Contributions to the marriage: Non-financial contributions, such as raising children or supporting a spouse’s career, are also considered.
- Age and health of both spouses: Courts account for medical needs and the ability to work.
- Evidence of domestic violence: Documented abuse can weigh heavily in spousal support decisions.
No two cases are identical, which is why courts evaluate all relevant circumstances before making a ruling.
Modifying Spousal Support
Life changes after divorce, and California law allows spousal support orders to be modified when circumstances shift. For example:
- A significant change in income.
- Retirement of the paying spouse.
- Remarriage or cohabitation of the supported spouse.
- Changes in health or ability to work.
At Law Office of Michael L. Fell, we assist clients with both securing modifications and challenging unfair requests, always with a focus on protecting long-term financial stability.
Why Legal Representation Is Critical
Spousal support is not determined by a single formula. Judges have broad discretion, which means the way your case is presented can make a major difference in the outcome. Having an experienced attorney ensures that your financial picture is fully represented and that your rights are protected throughout the process.
Get Help With Spousal Support Today
If you’re facing spousal support issues in California, don’t leave your future to chance. At Law Office of Michael L. Fell, we provide strategic, compassionate representation to help you achieve a fair outcome.
Call 949-585-9055 today to schedule a consultation and learn how we can help you with every aspect of spousal support—from initial requests to modifications.