Which Party Generally Has To Pay Alimony Or Spousal Support In A Divorce?

The higher income earner will generally pay support in California. However, depending on whether the support is temporary or permanent, different factors will be considered. There are also many factors that can impede the payment of support, even if one spouse is the higher income earner.

How Is Alimony Calculated?

In order to understand how alimony is calculated, it is important to understand that there are two different types of alimony. The first is temporary, or pendente lite, support. This support is paid pending final resolution of the case. In most cases, pendente lite support is calculated using an automated formula program called the Dissomaster. You input all of the information, and it will give you the monthly support amount. However, courts can deviate from this formula if circumstances warrant.

For example, the court may consider if either party is retiring soon, or whether they are cohabitating with a new significant other. They will also take into consideration whether one party is able to work and is choosing not to, or whether a spouse has purposefully reduced their income. The court does not always consider these factors for pendente lite support, but it is up to the spouse of their attorney to create an argument using evidence, and case law.

The second type of support is permanent support. This type of support is ordered or agreed upon, as a part of the Judgment. This type of support takes into account a myriad of factors. These factors are enumerated in Family Code §4320. Some of the factors considered include the marital standard of living during the marriage, whether one spouse stayed home to raise the kids, whether one spouse has the ability to pay, whether the other spouse has a need for support, whether there is domestic violence, or whether one party attributed to the career of the other, and other similar factors. The court will also take into consideration the educations and work background of each spouse, their age, and their health. When it comes to permanent support, an argument can be made for any amount, as long as it is sufficiently supported by calculations and evidence.

What Factors Might Affect How Property/Assets Are Divided In A Divorce?

Each type of asset will be unique and will include its own set of guidelines and arguments. In general, however, property and assets are divided based upon when the asset or debt was acquired, how the title was held, what funds were used to acquire the property, and whether any funds pertaining to the asset were commingled with separate property funds.

The court does not consider fault, or the length of the marriage in dividing assets and debts.

For more information on Alimony/Spousal Support In A CA Divorce, a free initial consultation is your next best step. Get the information and legal answers you are seeking by calling (866) 651-6118 today.