Spousal support, also known as alimony, or partner support, is support paid by one spouse or partner to the other. This can be permanent or temporary support. Both must start with a filed court case. The case can be divorce, legal separation, annulment, or a domestic violence restraining order.
Permanent spousal support is paid after one of the above court cases becomes final and continues to the death or remarriage of the payee. There are no set timeframes the court must follow regarding the number of years for which permanent spousal support must continue or in which spousal support must end. Temporary spousal support only occurs during the court case and its proceedings.
Both permanent and temporary spousal support can be agreed to by a couple or ordered by the court. If temporary spousal support is ordered by the court in California, the court uses a formula to determine the amount paid. Each local court has its own set of calculations it uses to determine temporary spousal support. However, when ordering permanent spousal support there is no formula, and the court looks at a number of factors instead.
Factors Taken Into Account For Permanent Spousal Support.
Some of the permanent spousal support factors taken into account by the court include:
- The age and physical well-being of the spouses.
- The financial well-being of the spouses.
- The timeframe needed for the payee to become self-supporting.
- The standard of living the couple maintained during the marriage.
- The length of the marriage.
- The ability of the payor to pay the payee.
- The presence of domestic violence in the marriage.
- The tax consequences of spousal support.
There are a number of reasons behind spousal support. Sometimes one spouse is the primary breadwinner while the other remained at home to provide for the children. Therefore, the spouse who stayed at home may need retraining to enter the workforce. One spouse might need support simply to maintain the same standard of living as when the couple was married.
What If My Spouse Is Behind On Spousal Support?
Spousal support is a court order. That order must be followed unless or until the court itself changes or terminates it. Spousal support can also end if there is an end date in the original order. If spousal support is behind, it collects interest in the amount of 10% interest per year on the balance due. These interest charges are set by legal statute.
Should a spouse or partner be able to pay but refuse to, they can be held in contempt of court. This is a very serious matter and can lead to jail time. If a spousal support order and a child support order are in place, the local child support agency may be able to help collect both support orders. An enforcement case through the local child support agency can collect both types of support.
Contact An Experienced Spousal Support Attorney
Permanent and temporary spousal support are very complicated issues in California, and it takes an experienced spousal support attorney to guide one through the process. I am Attorney Bruce Mandel. I have been practicing law for over 27 years in the Bay Area. Therefore, I know how difficult it can be to determine what kind of spousal support you are entitled to and how long you may need that support. Make an appointment to come in and speak with me and follow me on Facebook @ Bruce A. Mandel Family Law. I look forward to hearing from you soon!
