How Is Spousal Support Calculated in California?

Making crucial decisions during a divorce is difficult. Many tasks in the divorce process can be complex, and one of them is determining spousal support. Even though they are not foolproof, there are guidelines you can use when determining how spousal support is calculated in California.

The optimal way to ensure you pay or receive your fair share is to consult with an Oceanside spousal support lawyer. Experienced attorneys can help you understand the California guidelines and determine what will work for your situation.

What Is Spousal Support?

Spousal support is the amount of money meant to provide financial assistance to a spouse who needs it during the divorce process and after the finalization of the divorce. Spousal support can be temporary (during the divorce process) or long-term (after receiving the divorce decree). Although some people believe that only men pay spousal support, the practice is gender-neutral. The spouse who makes significantly more is typically required to pay spousal support.

Sometimes, during the divorce process, the divorcing individuals will agree on spousal support to maintain control over the terms instead of handing it over to the court.

Deciding Who Pays Spousal Support

The person who pays spousal support is the person who significantly earns more. Spousal support is claimed to help maintain the quality of life the spouses shared while married. This process can be challenging if one person is funding both households, so the general belief is that the receiving spouse should work towards becoming self-sufficient.

Factors Involved in Spousal Support Determinations

California law designates many factors that can contribute to spousal support amounts. Some common factors used include:

• The standard of living the spouses had during their marriage
• Each spouse’s earning ability, the job market for their skills, the amount of time and training needed to develop those skills, and how much their earning capacity decreased if they had to leave the job market to take care of the home and children during the marriage
• The higher-earning spouse’s ability to pay spousal support
• The age and health of each spouse
• The debts and assets of each spouse
• The duration of the marriage

Temporary vs. Long-Term Spousal Support

The main difference between temporary and long-term spousal support is that a spouse receives temporary support during the divorce process and long-term support after. The goal of both is to assist the lesser-earning spouse in maintaining the same quality of life they had during the marriage.

Calculating Spousal Support in California

Spousal support in California is calculated differently depending on where you are. In addition, the court system calculates temporary and long-term spousal support differently.

Temporary spousal support can vary in calculation, but a common method is to take 40% of the highest earner’s net monthly income and subtract 50% of the lowest earner’s net monthly income. This amount serves as a guideline in deciding how much spousal support the receiving party is owed.

A Spousal Support Lawyer to Help With Your Case

Spousal support lawyers have experience getting the optimal results for their clients. Whether you will be the recipient or payer of spousal support, a spousal support attorney can review your case and determine a fair amount of support and the terms of the order. This review can be vital in crafting an agreement that ensures neither party is taken advantage of.

A spousal support attorney will also know how to properly assess the income of both spouses to ensure that any formulas used will give accurate results. They can help you understand how long the support order may last and how it might affect your taxes.

How Spousal Support Affects Your Taxes

The federal government and the state of California view the relationship between spousal support and taxes differently. In California, the payer can deduct their payments from their taxes, and the receiver must report what they receive as income.

Before January 1, 2019, the federal government and California shared the same tax laws regarding spousal support. After that date, the federal government eliminated spousal support deductions and income reporting from income tax returns.

In California, support between registered domestic partners is the same as spousal support for tax purposes.

FAQs

Q: What Is the Formula for Spousal Support in California?

A: The formula for spousal support in California only exists in some counties, and even then, it differs. Spousal support can be temporary or long-term, and California does not use a formula for long-term spousal support.

The court determines temporary support based on a couple’s living standard during their marriage. While it is more expensive to fund two households instead of one, temporary spousal support orders attempt to maintain familiarity until the divorce process is final.

A standard formula for temporary spousal support is 40% of the highest earner’s income minus 50% of the lowest earner’s income.

Q: What Factors Affect Spousal Support in California?

A: Factors that affect spousal support in California include:

• Divorce process length
• Individuals’ net monthly income
• Length of time the couple was married
• Individuals’ ages and health
• Any factors the judge thinks should contribute to the case

A long list of factors might go into a judge’s decision. It is wise to have a spousal support lawyer assist you in determining what your spousal support amount could and should be.

Q: How Long Does a Spouse Have to Pay Spousal Support in California?

A: There is no set amount of time a spouse pays spousal support in California. Temporary spousal support ends once the court finalizes a divorce. Outside of temporary orders, long-term spousal support assumes that the recipient will seek to support themselves in a reasonable amount of time or half the length of the marriage unless the marriage lasted ten years or longer.

Q: What Qualifies a Spouse for Alimony in California?

A: Either spouse can qualify for alimony or spousal support in California. Spousal support is gender-neutral, and either spouse can request it. As long as one spouse makes significantly more than the other, the lesser-earning spouse qualifies for spousal support. The spouse can request long-term spousal support any time after the finalization of the divorce as long as the court did not set a payment schedule already in the divorce decree.

Get Help Calculating Your California Spousal Support Today

When crafting a separation agreement or if you are in a contested California divorce, please refrain from doing the process alone. Ensure that you either pay or receive the right amount of spousal support. Contact Paula D. Kleinman, a Professional Law Corporation, today to start working towards what you deserve.