Spousal Support

The Court may order monthly payments for the support of one spouse by another. Unlike child support, spousal support can be deductible from the payor’s income, and includable in the recipient’s income, for income tax purposes. There are two types of spousal support in California courts: temporary, and long term.

Temporary spousal support may be calculated by the use of a formula, and exists to ensure that a newly separated spouse is not financially disadvantaged by the separation. Temporary support usually continues until a Judgment is obtained

Long term spousal support commences after Judgment, and is calculated by an evaluation by the Court of the statutory factors found in Family Code §4320. In marriages of less than 10 years in duration, spousal support usually lasts half the length of the marriage. In marriages of more than 10 years, it can last considerably longer.

In mediation or collaborative practice matters, clients are free to follow state law or not, and find creative solutions in light of the specific financial circumstances of their particular family.