When you are making the transition from married life and entering into the uncharted territories of the divorce process and beyond, you are probably wondering one of two questions: 1) “How much alimony will I paid?” or 2) “How much alimony will I be expected to pay?” Both are important questions, and bring us to the question of understanding how California calculates spousal support (or “alimony”) awards.
Alimony awards are calculated in two main ways: either the divorcing spouses agree upon on an amount and duration of spousal support and the court approves this number if it is fair under the law, or, if the spouses cannot agree on a reasonable amount and duration of alimony, the court will make this determination itself based on the facts and arguments presented to the court.
There are two types of spousal support awards that a court will make. The first is temporary spousal support, which a spouse can request at the start of the divorce proceedings and which will last until the divorce is finalized. At that time, a second type of spousal support – which we just refer to as “spousal support” – is awarded as a condition of the divorce.
Calculating Temporary Spousal Support
California courts will often use a simple formula to calculate a temporary spousal support award. This formula can be dictated by the local rules for that court. For example, in some California courts the following formula is used:
Temporary spousal or partner support is generally computed by taking 40% of the net income of the payor, minus 50% of the net income of the payee, adjusted for tax consequences. If there is child support, temporary spousal or partner support is calculated on net income not allocated to child support and/or child-related expenses. The temporary spousal support calculations apply these assumptions.
So, to use that formula (and assuming there is no child support), if one spouse had a net income of $6,000 per month, and the other spouse had a net income of $2,000 per month, then this formula would work out as follows:
- 40% of $6,000 = $2,400
- 50% of $2,000 = -$1,000
- $1,400 in monthly temporary spousal support
Calculating Post-Divorce Spousal Support
Unlike with temporary spousal support, California courts will not use a formula to reach a determination of spousal support following a divorce. Instead the court will look to the factors required by California Family Code 4320, which are:
- How long the parties were married
- The parties’ needs based on the standard of living in the marriage
- The age and health of the parties
- The debt and property of each party
- Whether one party helped the other in their career
- The necessity of taking care of children in the marriage and afterwards
- Whether there was domestic abuse
A judge has flexibility in weighing these factors to reach a spousal support figure. Spousal support is generally paid monthly (or bi-monthly) and a judge may set the duration of spousal support for a specific period of time, e.g. three years. The duration can vary, but it is typical for spousal support to last for about half as long as the marriage, meaning if the marriage lasted eight years, spousal support might last for four years.
It is also important to remember that spousal support is generally considered taxable income for the payee and is a tax deduction for the payor.
For answers to any of your questions about spousal support or the divorce process in general, contact the Law Office of Kelly Finan today at 424-255-3797.