There are two types of spousal support (also called alimony).
Temporary spousal support. Early in a case, a spouse can ask the court for spousal support. It is often determined by computer formula, or set by the court after consulting the computer formula, on a short term basis for the ‘pendency of the case’ until trial. This is also called ‘pendente lite’ spousal support. If you need spousal support early in a case, you must act quickly as each month you wait is another month you will likely not get spousal support.
Long term spousal support. Spousal support is calculated differently at trial or in the judgment based on the many factors detailed in Family Code section 4320. Factors include the marital standard of living, the ability of the supporting party to pay spousal support taking into account earning capacity, the needs of each spouse based on the marital standard of living, the skills of or the need for new skills of the supported spouse, each spouse’s assets, the child care responsibilities of the supported spouse, and the goal that the supported spouse should become self-supporting within ‘a reasonable period of time.’ Domestic violence is also one of these factors as there is a principle that the victim of domestic abuse should not have to pay their abuser spousal support.
Generally, spousal support is ordered for up to one-half the length of the marriage starting at the date of separation. If a marriage is longer than 10 years, the marriage will likely be considered a ‘long-term marriage’ and a spouse can receive a long-term spousal support order. Some spousal support orders have step-down provisions that gradually reduce the amount of spousal support over the years with the idea that the recipient will become more and more self-supporting.
Often a forensic accountant will be required to establish the marital standard of living and the cash flow available for support.
Spousal support litigation needs to be cost-conscious as there is a cap on what is possible to obtain versus the cost to obtain that result. Rational considerations must balance the desire to receive the maximum one can receive under the law which is difficult to precisely calculate since the amount of spousal support is set at the discretion of the trial court.
“Spousal support litigation needs to be cost-conscious as there is a cap on what is possible to obtain versus the cost to obtain that result.”