Diligently Taking The Steps Necessary To Protect Your Finances In many ways, the most important step in evaluating spousal support and child support matters is identifying the assets involved in the marriage. Our lawyers are accomplished in knowing how, and where, to look for hidden assets and hidden income in an asset search. In order to properly calculate spousal support matters, the numbers upfront must be appropriate. In addition, tax implications can play a role, and we ensure clients do not receive an unpleasant tax surprise down the road.
As skilled negotiators and experienced trial attorneys, we help our clients move forward with confidence following divorce. We aggressively guard the interests of our clients in negotiations and court proceedings, whether that means obtaining a fair spousal support award or limiting the amount of a spousal support obligation.
If facing divorce in the North Bay, including Marin County and the surrounding areas, contact us online or call our Corte Madera office at 415-789-5881 to arrange a consultation.
What is Spousal Support
Spousal support, commonly called alimony, is not automatic under California law. Conflicts may surface related to need and what amount is fair and reasonable in a given set of circumstances. It consists of monthly payments by a working spouse to help a dependent spouse become self-sufficient after a period of unemployment or under-employment during the marriage.
What factors are considered in determining spousal support
The process to determine spousal support involves more than a simple mathematical equation. If the parties are unable to settle their differences, the court will look at many different pieces of your lives and past relationship together:
The salary of each party
Whether the supporting party is able to pay spousal support
Length of marriage
Age and health of both spouses
Documented history of domestic violence, if any
Whether or not working will interfere with caring for dependent children
However, the court will usually determine temporary alimony owed to a spouse based on a simple formula:
50% of Paying Spouse’s Net Income – 40% of Supported Spouse’s Net Income = Temporary Alimony
For example, courts in California may depend on a formula to decide how much alimony a spouse must pay through the course of a divorce hearing. This formula will form the base payment, but it is subject to change by the courts. Your attorney can argue to raise or lower the base payment by demonstrating that the calculation does not match your specific divorce situation.
What types of spousal support Are There
California law recognizes alimony in two forms: permanent and temporary. Temporary spousal support is available before the divorce becomes final to maintain the status quo while the case remains in family court. Permanent spousal support can be agreed to by the parties or ordered by the court, but it is important to get it right at the time of divorce.
What can be done to modify Spousal Support
For as long as the court has jurisdiction, either party may conclude that due to changing circumstances deserve the alimony to be modified (either to raise or lower it). Changing circumstances could well include a severe loss of income for the paying spouse, or due to different living arrangements. However, seeking a post-dissolution modification of spousal support can be very difficult. It would be up to your attorney to help you present your case for modified alimony. One potential caveat: your alimony modification may not be allowed if both spouses have already agreed prior (either in writing or in oral agreement before a judge) not to leave alimony open to modification. If that isn’t the case, here are a few reasons your spousal support could be modified:
In California, spousal support is often intended to be temporary, giving the lower-earning spouse time to become self-sufficient — but the duration and amount can vary significantly based on the length of the marriage, earning capacity, and other factors. Courts may expect your spouse to make reasonable efforts to reenter the workforce, but in some cases, longer-term support may be awarded. The outcome depends heavily on the specifics of your case. At Kaspar & Lugay LLP, we can help you understand your potential obligations and advocate for fair, balanced support terms.
Spousal support in California is influenced by a variety of factors, including both spouses’ incomes, the length of the marriage, lifestyle during the marriage, and each party’s ability to earn. While temporary support may follow a formula, long-term support is largely discretionary and based on what the court deems fair. That said, support amounts are often negotiable as part of a broader settlement, especially when complex assets or other trade-offs are involved. At Kaspar & Lugay LLP, we can evaluate your financial picture and help you pursue support terms that align with your goals.
In some situations, a significant income increase could lead to a modification request. We can review your agreement and advise you on whether you may be affected.
In California, both terms refer to the same obligation, but “spousal support” is the legal term used in state law. We can explain how it applies to your specific agreement.
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Need Help? Call your legal support team 24/7 at 415.789.5881
Kaspar & Lugay, LLP is a family law firm with offices in Corte Madera, CA; Napa, CA; Walnut Creek, CA; and San Diego, CA. We also represent clients in San Francisco, Oakland, Sacramento, Pismo Beach, Contra Costa County, and Los Angeles. Call us at 415-789-5881.
