How Does Spousal Support Work?

Spousal support, also called alimony, is monthly payments made by one ex-spouse to another to support the other financially. The aim is to provide the other with enough money to maintain the standard of living provided during the marriage. It prevents divorces from leaving one spouse financially sound and the other destitute.

Aside from certain criminal behavior, what went on within the marriage has little bearing on orders of spousal support. As California is a “no fault” state, the court doesn’t order spousal support as a form of punishment, nor does it consider morality such as whether a spouse had an affair or was emotionally absent during the marriage.
 

Temporary Spousal Support

Temporary spousal support is designed to maintain the financial status quo during the divorce proceedings. This is requested when a petition for divorce is initially filed and lasts until the divorce is finalized.
 

Permanent Spousal Support

Permanent spousal support is a bit of a misnomer because it usually does not last forever. It is generally intended to provide support until the former spouse can gain the skills, education, and employment necessary to be self-sufficient.

Permanent spousal support is not as common as it used to be because most parents are employed during the marriage and divorce. The supported parent is typically not entitled to higher spousal support if the supporting parent’s income or wealth increases after the divorce.
 

Effect of Child Support

Often there simply isn’t enough money to pay child support and spousal support. Child support takes priority, and it can provide resources to support the custodial parent’s standard of living as well. Recognizing this, the court may decide that additional monetary support is unnecessary.
 

Exemptions

Being convicted of certain criminal behavior will exempt a spouse from receiving monetary support from the other, including:

• Attempting to murder the spouse

• Committing a violent sexual felony against the spouse

• Committing domestic violence against the spouse within the past five years


Determining the appropriate amount of spousal support is a complex process, and it is important to have knowledgeable guidance whether you are seeking to secure, increase, or decrease the amount.

Spousal support does not begin or end automatically. It requires certain documents and a legal process that can impact you negatively if delayed. It is important that you speak with an experienced family law attorney right away.