Calculating Spousal Support in California

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When a divorce proceeding is underway in California, either spouse can move for a “temporary spousal support order” which will last throughout the duration of the proceeding. The amount that the other spouse has to pay is usually determined by a relatively strict formula. The spousal support formula used is determined by each county’s local court rules. The local rules for every California county can be found here: http://www.courtinfo.ca.gov/rules/localrules.htm

When the dissolution of the marriage or domestic partnership is final, no strict formulas are applied. Instead, the court considers many factors and decides what amount of spousal support, if any, it will grant.

These factors include:

- The length of the marriage or domestic partnership
- The needs of each partner based on the standard of living during the marriage
- Each partner’s ability to pay a potential judgment
- The ability of the supported party to be employed without impairing the interests of children of the marriage
- The age and health of both partners
- Debts and property
- Whether one partner helped the other get an education, career, training, or professional license
- Whether there was domestic violence during the relationship
- The tax impact of spousal support

California courts have the right to consider any other factors which might be relevant in determining a fair amount of spousal support. They may order a review to determine what, if any, marketable skills the parties have, and take those findings into account. It may also order the supporting party to provide some security (collateral) for the payment of spousal support.

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Last Modified: 01-12-2012 12:21 PM PST

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