Determining Whether You Or Your Spouse Is Entitled To Spousal Support (Alimony)
Spousal support (sometimes referred to as alimony) can be a difficult issue to resolve during the divorce process. Both spouses may feel entitled to the lifestyle they had during the marriage, but maintaining that lifestyle in two separate households may not always be possible, especially in the current economic climate.
At the Law Offices of Susan H. Witting, we help Ventura County clients pursue fair and appropriate spousal support outcomes. Thousand Oaks spousal support attorney Susan H. Witting, a certified family law specialist, has more than 34 years of experience in this area.
Understanding California Spousal Support & Alimony
There is no spousal support formula like there is for child support. In a negotiated or mediated divorce case, the parties have complete discretion to decide whether there will be spousal support, and if so, how much and for how long. In a litigated case, this discretion lies with the judge. In general, except in long-term marriages, the trend in California is to treat spousal support as a temporary measure to help one spouse become self-sufficient.
It is important to make decisions about spousal support based on accurate information about each party’s income and earning power. We are experienced at carefully investigating these issues with the help of forensic accountants and other qualified experts when necessary.
We also have extensive experience addressing issues such as military spousal support and whether to treat the distribution of income-generating assets as property division or spousal support.
Frequently Asked Questions About California Spousal Support
Many people feel uncertain about how spousal support decisions are made and what to expect. These questions and answers can help you understand California alimony matters.
What factors do courts consider when determining spousal support in California?
State courts evaluate a range of circumstances when deciding whether to award spousal support and in what amount. They often include:
- Each spouse’s earning capacity
- The standard of living established during marriage
- Whether one spouse supported the other’s career or education
- The age and health of both spouses
- Each party’s financial obligations
Courts may also consider the tax implications of support and whether the supported spouse can eventually become self‑sufficient.
How does the length of the marriage impact spousal support disputes and the awarded amount?
The duration of the marriage can play a major role in shaping spousal support cases. For marriages lasting fewer than ten years, courts often view support as a temporary measure to help the supported spouse transition toward independence.
In marriages of ten years or more, which California considers long-term, courts may retain alimony jurisdiction for an extended period without setting a fixed end date at the outset. The length of the marriage can also influence how long it is reasonable for one spouse to need financial assistance.
Can spousal support or alimony be modified after it has been awarded?
Courts look for meaningful shifts that alter the financial balance between former spouses. Here are just some of the changes that can justify modifications.
- Job loss or reduced income: An involuntary drop in earnings can make the existing order unrealistic for the paying spouse.
- Significant increase in income: A substantial rise in either spouse’s income may require the court to reassess whether the current amount remains fair.
- Serious health issues: New medical conditions that limit earning ability or increase necessary expenses can support a modification.
- Change in the supported spouse’s needs: Increased self‑sufficiency or new financial resources can reduce the need for ongoing support.
- Remarriage of the supported spouse: Remarriage typically ends support because the spouse is presumed to have new financial assistance.
- Cohabitation with a new partner: Sharing expenses with a partner can lower the supported spouse’s financial needs.
Changes must be meaningful, documented and long-term. Courts look for shifts that genuinely alter the financial balance between the parties and make the existing order unfair or unworkable.
Contact An Experienced California Alimony Attorney At 805-409-4138
Our offices are conveniently located right off the 101 freeway in Thousand Oaks, with plentiful free parking. If you need help with a spousal support issue, do not hesitate to call us at 805-409-4138 or email us to schedule a consultation with divorce lawyer Susan H. Witting.