Spousal Support

How Do You Collect or Modify Spousal Support Under California Law?

Published on: April 28, 2024 | by Bay Area Family Law Center

While people generally understand that spousal support is recoverable in divorce actions, few people understand or contemplate the specifics surrounding such awards until they are dealing with the impending end of their marriage. It is important for anyone who may get divorce to understand their rights and potential obligations with regard to spousal support, however. If you are considering seeking a divorce and want to learn more about regarding spousal support and whether you or your spouse may be eligible to recover it, you should read our summary below, and then contact a Bay Area divorce lawyer for more information.

Can the Department of Child Support Services help me obtain and collect on spousal support?

The California Department of Child Support Services (DCSS) primarily deals with child support matters, but they can also assist in obtaining and collecting spousal support if it is part of a child support order. However, if spousal support is not included in a child support order, DCSS may not have jurisdiction to enforce it. In such cases, individuals may need to pursue enforcement through an enforcement action filed with the court that issued the order.

What is the Purpose of Spousal Support in California?

Published on: February 28, 2024 | by Bay Area Family Law Center

Married couples throughout the Bay Area often share finances, but it is not uncommon for one spouse to substantially out-earn the other. In such instances, if the parties decide to divorce, the lesser-earning spouse may lack the economic means to provide for their basic needs. In such instances, the California courts will typically find it appropriate to award spousal support. People considering filing for divorce may feel apprehensive about how it will impact them financially, especially if they lack an understanding of California law regarding spousal support. We have provided an overview of numerous spousal support issues, below, but it is smart for anyone contemplating seeking a dissolution to consult a Bay Area divorce lawyer to gain more information.

What is the Purpose of Spousal Support?

In California, the purpose of spousal support, also known as alimony, is to make sure that both spouses can maintain a standard of living similar to that which they enjoyed while they were married, to the extent possible. It is designed to address any disparities in earning capacity and to provide financial assistance to the supported spouse while they become self-supporting. Spousal support can be expended on various living expenses, including housing, utilities, transportation, healthcare, education or training for career advancement, and other necessities.

How is Temporary Spousal Support Calculated During a Divorce Case?

During a divorce case, temporary spousal support is calculated based on the income and needs of both spouses. California follows guidelines outlined in the state’s Family Code to determine temporary spousal support. Continue Reading ›

Product of Divorce: One Divorce Lawyer’s Experience with Amicably Divorced Parents

Published on: December 20, 2023 | by Bay Area Family Law Center

I am a divorce lawyer, and also a product of divorce. I was fortunate enough that it was low-drama, and my childhood was not shaped by the fact that my parents were no longer together. Their amicable divorce helped inspire me to pursue this career, because I want to be able to do my part to help my clients achieve the same result, when it is possible.

When I was 15 years old, my parents informed me that they were going to split up. My dad was moving out to a nearby apartment complex in Pleasant Hill, that was actually a few minutes closer to my high school. My mom was staying in the house. My parents’ marriage had been wrought with some turmoil, but I always felt like they had “gotten through it” and so it would be smooth sailing for the rest of their lives. After they announced their split, I was shocked at first, but quickly grew accustomed to it.

My parents never put pressure on me to spend equal time with both of them, because my dad would make efforts to come to the house and hang out with my mom and I. He would frequently come over for dinner, and would be at all of my swim meets, water polo games, and other school events. One of my dad’s favorite things to do was to come over and mow the lawn at our house, and I would see him out there every Sunday without fail. Some of our neighbors did not even know that my parents had split. I would usually spend one full week out of the month with him at his apartment, but it was never compulsory- it was always based around my needs and my schedule.

Court Discusses Vocational Examinations in California Divorce Cases

Published on: April 28, 2023 | by Bay Area Family Law Center

In many marriages, one couple will act as the sole income earner while the other primarily takes care of the household and children. When a single-income couple divorces, the spouse that does not work outside of the home often experiences financial hardships. As such, the courts will often order the employed spouse to pay spousal and child support to the other party. The courts will consider numerous factors when evaluating whether spousal support obligations should be imposed, however, including the earning ability of the party seeking support. Recently, a California court discussed when it is appropriate to order a party to submit to a vocational examination in a divorce action. If you or your spouse intend to end your marriage, it is prudent to meet with a Bay Area divorce attorney to discuss how the decision may affect you financially.

Procedural History of the Case

The husband and wife married in 2001. They had four children during their marriage and separated in 2012. The husband held various jobs while the wife was a stay-at-home mother. The husband filed a petition for dissolution in 2013. The parties then engaged in extensive and contentious litigation. The wife filed a request for permanent spousal support, after which the court ordered her to submit to a vocational examination per the husband’s request. The wife objected to the order, but her objection was overruled. Following a hearing, she appealed.

Vocational Examinations in California Divorce Cases

On appeal, the court affirmed the trial court ruling. In doing so, it explained that California law provides for both temporary spousal support and permanent spousal support. Temporary spousal support is designed to maintain the living conditions and standards of the parties pending trial and division of the assets. Permanent spousal support is intended to provide financial assistance as determined by the financial circumstances of the parties after their dissolution and the division of their community property. Continue Reading ›

Court Examines the Duration of California Spousal Support Obligations

Published on: February 27, 2023 | by Bay Area Family Law Center

When people divorce, it is not uncommon for one party to lack the financial means to provide for their basic needs and wants. As such, the court may order the other party to pay spousal support. In many cases, the courts do not intend spousal support to be a permanent obligation; instead, they indicate that such support should only endure until the receiving spouse becomes self-sufficient. If the receiving spouse fails to comply with a court’s warning to become self-supporting, though, it does not necessarily mean that the paying spouse’s support obligations will cease, as shown in a recent ruling issued by a California court. If you need assistance with a spousal support issue, it is advisable to talk to a Bay Area spousal support attorney as soon as possible.

History of the Case

It is reported that the husband and the wife divorced in 2001 after 17 years of marriage. During the dissolution proceedings, the husband agreed to pay the wife $900 per month in spousal support for an indefinite term. The court issued a judgment of dissolution in which it warned the wife that she was expected to become self-supporting.

Allegedly, in 2020, the husband filed a petition to terminate his spousal support obligation, arguing that he should no longer have to pay because the wife had failed to become self-supporting as she was directed to by the courts and because his health had deteriorated and his business had become less profitable. The court held a hearing on the issue, after which it reduced the husband’s spousal support obligation to $600 but declined to terminate it. The husband appealed. Continue Reading ›

California Court Discusses Grounds for Modifying Temporary Spousal Support Orders

Published on: January 31, 2023 | by Bay Area Family Law Center

In many marriages, one party will work outside of the home while the other takes care of the household and raises the children. If couples with unequal incomes divorce, the lesser-earning party will most likely be at a financial disadvantage, not only after the divorce is final but also while it is pending. In such cases, the courts will often find it appropriate to order the higher-earning spouse to pay temporary spousal support. While parties do not always agree with the terms of temporary spousal support orders, they can be difficult to modify, as illustrated in a recent opinion issued in a California divorce action. If you have questions about how divorce may impact your rights and obligations, it is smart to talk to a Bay Area divorce attorney promptly.

Factual and Procedural History of the Case

It is alleged that the parties married in 2001 and separated in 2020. They had two children during their marriage. The husband owned a real estate development company and other businesses; the wife did not work but stayed home with the children. In October 2020, the wife filed a petition for dissolution of the marriage that included a request for spousal support.

It is reported that the wife later submitted a document setting forth her support calculations, in which she requested approximately $30,000 per month in child and spousal support, which she deemed an interim request. Following a hearing, the court ordered the husband to pay $15,000 per month in temporary child and spousal support. The husband moved for a modification of the temporary support order, but the court denied his motion. He then filed a motion to reduce his support obligation, which was denied as well. He appealed. Continue Reading ›

Court Discusses Grounds for Granting Temporary Spousal Support in California

Published on: November 22, 2022 | by Bay Area Family Law Center

When a couple divorces in California, their marital assets are subject to equal division. If the court finds that the distribution of property renders one spouse without adequate means for their support, they may award alimony as well. Additionally, California law permits the courts to grant temporary spousal support while a divorce is pending if they feel such support is warranted. Such awards will generally not be disturbed unless the objecting party shows the court committed an abuse of discretion, as demonstrated in a recent California ruling. If you want to end your marriage and have questions about your obligations or rights with regard to spousal support, it is smart to talk to a Bay Area divorce attorney as soon as possible.

Background of the Case

It is reported that the parties married in 1984; they had two children during their marriage that are now adults. They separated in the spring of 2010, and the husband filed a petition for dissolution later that year. The wife moved to Texas to live with her parents shortly thereafter. In 2021, the wife filed a request for temporary spousal support and attorneys’ fees. In support of her request, she filed documentation demonstrating that she earned approximately $1,400 per month while her husband earned over $12,000 per month.

Allegedly, the husband opposed the request and disputed the amount of his income. The court held a hearing after which it determined the husband’s monthly income to be approximately $9,800 per month. It granted the wife’s request, ordering the husband to pay the wife about $1,400 per month in temporary spousal support. The husband appealed. Continue Reading ›

California Court Discusses Domestic Violence Allegations in Divorce Cases

Published on: September 29, 2022 | by Bay Area Family Law Center

Typically, when evaluating requests for spousal support or modifications of existing obligations, the courts will look at each party’s income and needs and the costs of maintaining the child’s standard of living. They are not limited to these factors, though, but may consider other relevant issues as well. For example, as demonstrated in a recent California ruling, they may assess whether either party has engaged in domestic violence. If you have questions about how domestic violence allegations may impact your rights with regard to divorce or spousal support, it is wise to meet with a Bay Area family law attorney as soon as possible.

Procedural Background of the Case

It is alleged that the parties were married for 23 years before the husband filed a petition for dissolution in 2016. The husband was the main income earner during the marriage, and the parties accumulated substantial wealth, including an eight-figure estate. They had four daughters during their marriage. In April 2017, when two of the daughters were still minors, the parties entered into a stipulation in which the husband agreed to pay the wife $45,000 in spousal support and $5,000 in child support each month. At that time, the husband earned over $2.25 million per year.

Reportedly, in February 2018, the husband sought a modification of his support obligation after his bonuses, which made up the majority of his income, were suspended. The court granted the motion and reduced his support obligation to approximately $5,000 per month. In May 2020, the wife moved for an increase in her spousal support to $54,000 per month. The husband opposed the motion and, in doing so, asked the court to consider the wife’s history of domestic violence. In support of his assertions, he submitted declarations from three of his daughters recounting repeated acts of abuse. The court ultimately found that the wife committed numerous severe acts of domestic violence and that it was equitable that she receive no more than necessary to maintain home and hearth. As such, it ordered the husband to pay approximately $4,000 per month. The wife appealed. Continue Reading ›

Court Discusses Factors Weighed in California Spousal Support Claims

Published on: August 30, 2022 | by Bay Area Family Law Center

Many California couples earn disparate incomes. As such, if they decide to divorce, one spouse may seek support from the other. The courts typically consider numerous factors in determining whether the grant alimony and, if so, how much, including the standard of living the parties enjoyed as a couple. If a court fails to weigh an important factor when making its decision, though, there may be grounds for reversing its ruling. Recently, a California court discussed what issues the courts weigh in spousal support disputes in a case in which it ultimately denied the wife’s request for increased alimony. If you want to learn more about spousal support under California law, it is wise to confer with a trusted Bay Area spousal support lawyer.

History of the Case

It is alleged that the husband and wife separated in 2013 after 26 years of marriage. They had five children during their marriage. They divorced in 2015 when two of their children were still minors. The court ordered the husband, who worked as an airline pilot, to pay child support and spousal support to the wife, who did not work. In 2016, one of the minor children reached the age of majority, and the wife moved for additional spousal support. The court granted her motion.

Reportedly, in 2020, the second child reached the age of majority, and the wife again sought an increase in spousal support, arguing, among other things, that the amount she received was inadequate to allow her to uphold the standard of living she enjoyed during the marriage. The husband opposed her motion, asserting that the standard of living was the product of unreasonable spending. The court denied the wife’s motion, and she appealed. Continue Reading ›

California Court States What is Needed to Assess a Request to Change Support

Published on: December 6, 2019 | by Bay Area Family Law Center

In many cases in which a couple gets divorced if there is a disparity in income between the spouses, the court will grant spousal support to the lesser earning spouse. The intention of spousal support is to allow the spouse with a lower income to enjoy the same lifestyle he or she enjoyed during the marriage. Most spousal support obligations are not permanent, however, but can be modified upon a showing of a significant change in circumstances. Recently, a California appellate court analyzed what constitutes a sufficient showing to warrant a modification in a case in which the husband appealed the trial court’s denial of his request to terminate spousal support. If you wish to modify a spousal support obligation, it is in your best interest to consult a trusted California spousal support attorney regarding your burden of proof.

Facts and Procedure of the Case

Reportedly, the husband and the wife were married for over twenty years. They filed a stipulated agreement to dissolve their marriage in 2014, which included an obligation for the husband to pay spousal support to the wife in the amount of $2,500 each month. The support obligation was to be reviewed in two years. In 2017, the husband filed a request for an order terminating the support obligation due to the wife’s new job and increased monthly income. Additionally, the husband engaged an expert who stated that the wife would require $3,300 per month to maintain the marital standard of living.

It is alleged that the wife opposed the husband’s request, arguing there were numerous factors the court must consider prior to ruling on the request, and requested an evidentiary hearing on the matter. A settlement conference was unproductive, and the matter was scheduled for a two-day trial. Prior to the trial, the wife filed a brief arguing that there had not been a substantial change in circumstances and that she could not maintain her standard of living on her income alone. The court ruled in favor of the wife based solely on the wife’s brief. The husband then appealed. On review, the appellate court reversed the trial court ruling.