What is Spousal Support?

Spousal support, also known as alimony, is a legal arrangement that involves one spouse providing financial assistance to the other spouse during or after a divorce or separation. Its purpose is to address any disparities in earning capacity and financial resources between the spouses, aiming to support the economically disadvantaged spouse in maintaining a similar standard of living enjoyed during the marriage.

The concept of spousal support is rooted in the recognition that both spouses contribute to the marriage, whether financially or through non-financial means such as caregiving or supporting the other spouse’s career. It aims to provide economic support to the spouse who may have sacrificed career opportunities, education, or financial independence for the benefit of the family or the higher-earning spouse.

The determination of spousal or partner support is based on several factors, which may vary depending on the jurisdiction. Courts typically consider the length of the marriage or domestic partnership, the financial needs and resources of each spouse, the standard of living during the marriage, the age and health of the parties, and each spouse’s earning capacity and potential for self-sufficiency.

In California, spousal and partner support is based upon Family Code Section 4320, called the “4320 factors,” which can generally be summarized as follows:

• the earning capacity of the spouses and their standard of living
• the amount either spouse contributed to or sacrificed during the marriage to help the family with domestic duties or gain earning capacity
• the needs of each spouse
• the wealth of the spouses (including property and debts)
• the length of the marriage
• the income of both spouses
• the needs of dependent children
• the age and health of the spouses
• any history of domestic violence.
• the goal of being self-supporting within a reasonable time
• any factors that are fair and reasonable

There are different types of spousal/partner support orders, which serve different purposes depending upon the stage of the proceedings, or how old the case is.

• Temporary spousal or partner support: may be granted after a case is filed as a temporary order before a permanent order can be established.  The purpose of temporary spousal support in California is to maintain the spouses’ or partners’ standard of living as closely as practically possible to the marital standard of living. California courts may, but are not required to, consider the “4320 factors” for temporary spousal support. In keeping with the general aim of maintaining the status quo or marital standard of living–which, unfortunately, is usually impossible due to the existence of two households–courts have great discretion and are only required to consider the parties’ respective needs and ability to pay.  California courts often use computerized formulas for setting the amount of temporary spousal support, which can vary between counties.
• Permanent spousal or partner support: may be awarded after a period of time elapses after filing the petition for dissolution. In California, the purposes of permanent support, as distinguished from temporary support, are a mixture of policies expressed in Family Code Section 4320, called the “4320 factors,” which the court must consider in making an order. Similar to temporary support, above, one of the reference points is the marital standard of living. However, the court has the discretion to balance the relative importance of each of the 4230 factors. In many cases, “permanent support” is not really permanent.  For marriages or domestic partnerships of less than 10 years, spousal or partner support may last for half of the length of the marriage or domestic partnership, but it may also last for any period of time that the court deems just and equitable. 

Modifications or terminations of spousal support can occur in certain circumstances. Significant changes in the financial circumstances of either spouse, such as a change in income, cohabitation or remarriage of the recipient spouse, or the death of either spouse, may warrant a modification or termination of the support order.

It is important to note that tax implications regarding spousal support vary by jurisdiction. In some regions, the spouse paying support may be eligible for tax deductions, while the recipient spouse may need to include the support as taxable income. It is advisable to consult with a tax professional to understand the specific tax implications of spousal support in your jurisdiction.

Reaching An Agreement and Obtaining Legal Assistance

Determining spousal or partner support can be achieved through negotiation between the divorcing or separating spouses or partners, often with the assistance of their respective attorneys. If an agreement cannot be reached, the court may intervene and make a determination based on the applicable laws and the specific circumstances of the case. Once a support order is in place, it is legally binding, and failure to comply can result in enforcement actions.

Spousal or partner support plays a crucial role in helping the economically disadvantaged partner transition to financial independence and maintain a reasonable quality of life post-divorce or separation. It acknowledges the contributions made by both partners during the marriage and seeks to alleviate financial hardship that may arise from the dissolution of the union.

If you are facing a divorce or separation and have concerns or questions regarding spousal or partner support, it is advisable to consult with a family law attorney.  They can provide personalized guidance, explain the support laws specific to your jurisdiction, and advocate for your best interests throughout the legal process.