Long Term Spousal Support in California-How much will a court order?

You are probably among a vast number of divorcing parties wondering how much monthly support will be ordered and how long will the support last.

Amount of award

California statutes answer the question by providing a list of factors that the judges have to consider. But, be warned, figuring out support is not an exact science. A Court may order spousal support in any amount for as long as the court deems just and reasonable based on the marital standard of living. Family Code 4330. This means that the judge has wide discretion as to the amount of support.

Factors to be considered by the California judges are set forth in Family Code 4320:

1. Earning capacity of each spouse, taking into account extent to which supported spouse’s present and future earning capacity may be impaired by periods of unemployment to devote time to domestic duties.
2. Extent to which supported spouse “contributed to the attainment of an education, training, a career position, or a license by the supporting party.”
3. Needs; obligations and assets, including separate property.
4. Duration of marriage.
5. Marketable skills; time and experience to acquire; ability to engage in gainful employment without interfering with interests of dependent kids in custody.
6. Time for supported spouse to acquire appropriate education, training and employment.
7. Standard of living.
8. Domestic violence.
9. Any other factor the court deems equitable.

Duration of Support-How long will support last?

Family Code 4320(l) reflects that the goal is for the support recipient to be self supporting within a reasonable time. In a marriage of less than 10 years this generally means one-half the length of the marriage.

• A spousal support award may include the cost of life insurance premiums, annuity or trust. Term insurance is also “useful form of security for a reserved spousal support obligation.” Family Code 4360:

There are countless cases that address the ins and outs of spousal support. Below are some of the cases that may be useful to the reader. Citations have been omitted.

• The judge can order the support obligor to add ex-wife as beneficiary of a life insurance as additional spousal support. O’CONNELL
• The judge cannot base long-term support primarily on temporary support guidelines. SCHULZE, ZYWICIEL
• The judge cannot force the support obligor to pay a lump sum. Note: Parties can reach such an agreement regardless of the limitations on the judge. PRIETSCH AND CALHOUN
• This case provides the judge with a basis to award the support recipient with a share of the support obligor’s future bonuses to maintain the recipient’s marital standard of living. OSTLER AND SMITH
• This case provides the judge with a basis to award a percentage of the support obligor’s future stock options as additional spousal support needed to maintain the marital standard of living. KERR

The above statutes and cases are provided for general educational purposes and are not intended as specific legal advice for any particular case. For more specific information, readers may call (760) 438-3383 for a consultation.