One of the latest California divorce matters to hit the tabloids is that of Real Housewives of Orange County alum Alexis Bellino and her husband Jim Bellino, who filed for divorce from Alexis in California state family court on June 21, 2018. A notable aspect of Bellino’s divorce filing is that he is requesting spousal support from his wife, in addition to shared custody of their three children.
Some people may be surprised to learn that spousal support can be awarded to a husband following a divorce (in both mixed-gender and same-sex marriages), as it is often the wife in a marriage who pursues and/or receives spousal support. But California takes a gender-neutral approach to spousal support, thus it is indeed possible for either a husband or a wife in a California divorce to successfully petition the court for temporary or permanent spousal support.
Spousal Support in California Is Not Need-Based
California awards spousal support to spouses following a divorce in ways that are quite different from other states. Thus, what you may have heard from a friend or family member in a different state regarding spousal support could not be applicable at all in California.
While some states award spousal support (often called alimony) only when there is a “need” (as in not awarding spousal support will leave one spouse destitute), California courts will instead award spousal support in order to allow the receiving spouse to maintain the standard of living enjoyed during the marriage. This can be true even when the standard of living is quite high, thus it is not unusual to see spousal support awards go into the tens-of-thousands per month in some high net-worth divorces.
How Spousal Support Amount and Duration is Determined in California
Judges in California family law cases have wide discretion in deciding 1) whether to award spousal support at all; 2) how much to award per month (or bi-monthly); and 3) how long it should be paid.
The duration of spousal support is often based on how long the marriage itself was. There are no hard-and-fast rules for how long it should last, but half the length of the marriage is not uncommon (although it can be awarded without an end date in some longer marriages).
In determining the amount to be paid, the court will look at the following factors, among others:
- The duration of the marriage
- The financial means of each party to enjoy the standard of living during the marriage
- The marketable skills of each party, and the time needed to obtain marketable skills
- The income of each party
- The income potential of each party (how much each could be earning)
- The age and health of the parties
- Whether domestic violence occurred in the marriage
- The financial obligations of each party
- The financial assets of each party
Reaching an Agreement on Spousal Support
Ideally, a couple can reach an agreement regarding spousal support rather than having to litigate the matter in front of a family court judge, which can cause delay and increase legal fees.
Your family law attorney can help you reach a reasonable number for spousal support (whether you are paying or receiving it) and negotiate with the the other spouse (or his or her lawyer) to create a settlement agreement which can then be submitted to the court for approval.
For any questions on family law in California, contact the Law Office of Kelley C. Finan today to schedule a consultation to discuss your circumstances.