In California, a divorcing couple may be given a spousal support order, also known as alimony or spousal maintenance, by a judge to help maintain a spouse’s quality of life. There are two main types of spousal support orders: temporary and permanent. Learn what these two terms mean with our San Diego alimony attorneys to better understand your opportunities.
What Is Temporary Spousal Support?
A common misconception is that temporary vs. permanent spousal support refers to the length of the legal order. This is not the case. Instead, these terms describe when the order goes into effect: before the divorce or legal separation or after.
For example, a temporary spousal support order is one that a judge may give after a couple has separated but is still married. This order could be granted to a spouse who has immediate financial needs due to separation, such as a spouse who does not have a job and is suddenly “cut off” by the higher earner.
An individual can ask for spousal support as soon as a family law case begins, even before a legal separation or divorce is finalized. It is also something that can be requested amid a domestic violence restraining order case. Whether or not a judge will grant the request depends on the circumstances.
What Is Permanent Spousal Support?
Permanent alimony is known as long-term spousal support in California, and it is often not permanent in terms of duration. Instead, its name refers to the fact that it is a fixed court order that is granted once a family law matter is finalized.
Permanent spousal support is most common in longer marriages (10 or more years), where one spouse earned significantly more than the other or one spouse gave up a career to care for children or the household.
In general, the longer the marriage, the longer the support order will last. Permanent alimony will generally last half the length of the marriage if the couple was married for less than 10 years. For marriages lasting more than 10 years, support can last for as long as the recipient has a financial need. This could be many years.
How Is Spousal Maintenance Calculated?
When making spousal support calculations, the court will take many factors into consideration under California Family Code § 4320. There is no set amount of alimony that is universally awarded to all couples. Many divorce and legal separation cases do not involve spousal support at all.
Factors the courts will consider include:
- The needs of each party based on standard of living established during the marriage
- The extent to which the lower earner contributed to the other’s career or education
- The ability of an individual to pay spousal support
- The ability of the supported party to obtain gainful employment
- The duration of the marriage
- The age and health of both parties
How long a temporary or permanent spousal support order will last depends on the situation. In some cases, the court will order a termination if circumstances have changed, such as if the recipient gets remarried. Couples also have the ability to agree in writing about when spousal support will end, which will become legally binding once the court signs off on the agreement.
To discuss the topic of spousal support in relation to your specific family law case, contact Boyd Law for a free consultation with an attorney.
