How Long Do Spousal Support Payments Last in California?

Spousal support (or “alimony” as it is sometimes referred to) can be awarded by a California court in divorce or separation cases if warranted.

This type of support is paid from one spouse to another for a specific purpose. Its amounts vary according to multiple factors, most importantly the length of the marriage, the respective incomes and earning abilities of each ex-partner, and the quality of life they enjoyed as a married couple.

Understanding how long spousal support payments typically last in California can help both parties prepare better for the future financial effects of a divorce.

Spousal support is generally intended to ease the transition of a lower-earning partner to a self-sufficient life as close as possible to the quality of life enjoyed during the marriage.

The higher-earning ex-spouse usually makes monthly payments to the lower-earning spouse according to the terms of a legally enforceable agreement (such as a prenuptial agreement or divorce agreement) or court order.

In California, however, it is important to understand the two basic types of spousal support with slightly different purposes:

• Temporary spousal support, which is paid while divorce proceedings are pending. This is designed to maintain the living conditions and standards of both parties until permanent support and the final division of assets and debts has been determined.
• Permanent spousal support is awarded during a settlement or after a divorce judgment. It provides the recipient spouse with the means to support themselves in a lifestyle that is as consistent as possible with previous married life. Note that, even though the term “permanent” is used, payments are usually ordered for a set number of years. It does not refer to the indefinite payment of support (which is discussed separately below).

In California, both parties in a divorce are generally expected to become self-supporting within a reasonable timeframe by seeking an applicable means of income.

What this timeframe is depends on multiple factors, the most important of which is the length of the marriage. Other major factors include the contributions of each partner during married life, the earning capacity of each spouse, and the marital standard of living.

Each case is handled according to the precise circumstances and judges in California will consider the guidelines with discretion when awarding support.

There are no “hard and fast” rules concerning spousal support amounts, but a general rule is that the support lasts for half the length of the marriage. A marriage of eight years may result in spousal support for four years, for instance.

However, other general rules applied by Californian courts are that very short marriages do not result in spousal support awards and that if the marriage lasts longer than 10 years, the paying spouse must continue to pay spousal support until he/she can prove that the support is no longer financially necessary.

As already outlined, “temporary” and “permanent” alimony are legal terms in California that refer to when the alimony is granted rather than how long it lasts.

Temporary alimony is awarded while a divorce is pending while permanent alimony is ordered as part of the dissolution of marriage decree.

Only on rare occasions do judges award alimony for the rest of the ex-spouse’s life. So-called “permanent” alimony often lasts for several years only. If it lasts indefinitely, it is due to the marriage lasting 10 years or more—and even then, it may not be truly “permanent” if the payor of spousal support can prove that it is no longer financially necessary.

If the spouse remarries or starts a career, for instance, this could be grounds for petitioning the court for a spousal support reduction or termination. To do this, it may be best to seek the assistance of a qualified family lawyer.

If you have evidence that the existing spousal support order should no longer apply due to a material change of financial circumstances, you can seek a modification or termination with the court.

You can discuss the matter with your ex-spouse and, if you both agree, simply bring the agreement to the court for a new order to be issued. Alternatively, you can petition the court.

Either way, the existing support must be paid until an official court modification has been approved.

If you and your spouse agree on a new amount to be paid, make sure that you understand all the factors to be included in the new agreement to be approved by the court. A family lawyer can guide you through this process and help prepare the agreement if required.

You will need to:

• Demonstrate your situation for each of the relevant factors
• Explain how this situation is different from when the court made the last order

You will need to tick off the following steps to legally enforce a new agreement:

1. Decide how much support will be paid, for how long it is due, and how it will be paid: if you both agree, this arrangement can have some in-built flexibility like a support increase in the months that the payor receives a bonus.
2. Get your agreement drafted on court forms or by a divorce lawyer, including the appropriate declarations, cover sheets, and attachments.
3. Review, sign, and make two copies of the agreement
4. Take your agreement to the court for approval and a judge’s signature, and pay the appropriate fee upon filing it with the court clerk (this process may take several days but the finalized order can sometimes be emailed to you).
5. Once you receive the documents back, check they have the judge’s signature and confirmation that the form has been filed with the court.
6. Have someone unconnected to your case mail a copy of the form to your ex-spouse and complete a Proof of Service by Mail. The server must sign it, and this must be filed with the court.

This process triggers the new spousal support agreement, and the payor spouse can then start paying the newly agreed amount of alimony.

If you are facing a spousal support issue in Los Angeles, the family attorneys at The Sands Law Group APLC can help. Contact us or call 213-788-4412 today for a free 15-minute phone consultation about your case.