Spousal Support (Alimony)

Temporary Spousal Support

Temporary spousal support is spousal support obtained during the pendency of the divorce process.  Where one spouse is employed (supporting spouse) and the other is not (supported spouse), or one spouse earns substantially more than the other, temporary spousal support is usually obtained by the supported spouse at or near the inception of the divorce process.  At this stage, the court is not concerned with the employability of the supported spouse.  Instead, the court merely wants to preserve the status quo and provide the supported spouse with sufficient income to provide for his or her basic needs, consistent with the parties' marital lifestyle.

The Superior Courts of Orange and Los Angeles Counties have adopted a spousal support guideline for use in setting temporary spousal support.  This guideline provides that the spousal support is to be 40% of the supporting spouse's net monthly income, reduced by one-half of the supported spouse's net monthly income.           

Permanent Spousal Support

Permanent spousal support is determined by the court at trial or by the parties by mutual agreement.  If determined by the court at trial, the California family code provides the judge with a long list of factors that are to be considered in determining the amount and duration of spousal support.

This list includes such factors as the length of the marriage, the parties' prior living standard, the extent to which the supported spouse contributed to the education of the supporting spouse, the extent to which the supported spouse contributed to the domestic responsibilities in child rearing, and the employment opportunities available to the spouse requesting support.

Length of Permanent Spousal Support

In general, where a marriage has lasted less than 10 years, the court will order permanent spousal support to be paid to the supported spouse for approximately one-half the length of the marriage.   Where a marriage has lasted more than 10 years, the court will generally require a "reservation of jurisdiction".  This means that whether spousal support is ordered or not, either party will be permitted in the future to request that the spousal support order be modified (i.e. increased, decreased, or terminated).  However, it is up to the party requesting a modification of the permanent  spousal support order to convince the court that such a modification is justified, whether an increase, decrease, or termination is being requested.