Spousal support is how the courts ensure both parties are treated fairly in California divorce cases. Depending on the circumstances surrounding your marriage, the court will consider several factors when determining alimony. So, how long does spousal support last in California?
We will explore the factors determining spousal support’s length, modifications, and termination. Continue reading to discover when spousal support ends in California!
How Long Does Spousal Support Last in California?
Spousal support or alimony in California is the payment the court may order one spouse to pay the other to help cover monthly expenses. How long the spousal support order lasts will depend on the type of support the judge will order.
In California, there are two types of spousal support: temporary and permanent. It is common for temporary spousal support to last one-half the length of a short-term marriage. A short term marriage is under ten years..
In contrast, permanent spousal support is decided at trial.
Given the complexities of spousal support, formerly known as alimony, it is best to have a great spousal support lawyer in California. Our family law experts have years of experience navigating California’s divorce courts, so you may rest assured your rights will be protected.
Factors Influencing the Duration of Spousal Support
Length of the marriage
When the judge decides on spousal support, they will consider the length of your marriage as one factor when deciding how long the order will last. As per California law, spousal support lasts varying amounts of time and the other party should plan to become self-supporting.
The longer your marriage lasts, the longer the spousal support will last. If your marriage lasted less than 10 years, spousal support will usually be half the length of the union. On the other hand, if your marriage lasted more than 10 years (long-term), it is possible for support to last until death of either party or re-marriage of the recipient.
Age and health of the spouses
Another factor in deciding the length of spousal support following a long term marriage, according to California’s FAMILY CODE § 4320, is the age and health of both spouses. The judge will consider the following:
- Existing medical conditions that keep a spouse from seeking or holding employment.
- The advanced age of a spouse negatively impacts their ability to find employment.
Financial needs and ability to pay
The judge will consider the financial needs and ability to pay the supporting spouse. This means they will look at the supporting spouse’s earned and unearned income, earning capacity, assets, and post-separation standard of living. The judge must determine if the supporting spouse has sufficient income to make the court-ordered support.
Employment and career impact
One spouse may sacrifice career opportunities in marriage to stay at home with children or in favor of the other party’s career. The spouse who sacrificed their career opportunities may have impaired future earning capacity after separation.
Contributions to the marriage
The court will take into account whether the supported spouse was unemployed and for how long because they were staying home to care for the household or children. The court will determine if their unemployment status could make it challenging for them to find a job.
Standard of living established during the marriage
There may be a significant income disparity between both spouses and an established standard of living, especially in long-term marriages. In this instance, the court may award sufficient spousal support to the low-earning spouse to maintain the standard of living the parties once shared.
Modifications and Termination of Spousal Support
Spousal support rarely lasts forever, except in cases where one spouse is incapable of earning. The supporting spouse may request modification or termination of spousal support in several ways.
- Conditions for modifying spousal support – You may ask for modification if circumstances change significantly (income change, cohabitation, retirement). This is because the financial disparity between both spouses is no longer significant.
- Termination of spousal support – Spousal support can be automatically terminated, such as in the case of either party’s death. But does spousal support end when the supported spouse remarries in California? Yes, this would be a significant change of circumstance to bring before the court.. The court will terminate the support order.
- Court discretion – If you and your spouse cannot agree on modification or termination, the supporting spouse may ask the court to change spousal support. The court will consider the new circumstances and either modify or terminate support.
Conclusion
This explanation clarifies the question, how long does spousal support last in California? As noted, the most significant driving factor in the longevity of spousal support is the length of your marriage. In other words, the longer you are married, the greater the financial disparity between you and your spouse and the longer the order may last.