Alimony: “Temporary” and “Permanent” Spousal Support

Posted August 20, 2020

In California, alimony is referred to as spousal support. The two most common types of spousal support are related to proceedings for divorce, legal separation, and termination of a domestic partnership. They are known colloquially as “permanent” and “temporary” spousal support.

“Permanent” spousal support orders are those that the Court may make at the time it enters a final Judgment, and require one spouse to pay an amount that the Court determines is just and reasonable based on the standard of living established during the marriage and consideration and weighing of 14 statutory factors, which are written in Family Code section 4320. “Permanent” does not necessarily mean that the spousal support obligation will continue indefinitely. The duration of permanent support is based on the same factors as the support amount.

Pendente lite, or “temporary,” spousal support orders are those that require one spouse to pay “any amount that is necessary” for the other spouse’s support until entry of a final judgment in the case. The Family Code 4320 factors are not controlling on the issue of temporary spousal support and the Court has discretion in determining the amount. Because temporary spousal support is broadly based on need and ability to pay, the Court usually uses a computer program to determine temporary spousal support to maintain status quo until the marital relationship and estate is untangled.

A spousal support order must be based on the facts and circumstances that exist when the order is made, meaning that current income and expense figures must be used, and not speculation. For permanent support, once the Court makes specific factual findings regarding the standard of living during the marriage, it then uses that standard as a reference point as it reviews the 4320 factors and sets the support amount and duration. While not required for temporary support, a spouse’s best opportunity for a favorable temporary order may or may not require providing the Court with a 4320 factor analysis.

Further Reading » Automatic Temporary Restraining Orders (ATROS): California Family Code

Note that spousal support is not mandatory, and the Court may limit support or deny it based on the circumstances. In California, the goal is that a supported spouse become self-supporting within a reasonable amount of time. The Court will consider a person’s age, health, ability and attempts to earn, time since permanent support began, and other factors when reviewing whether that person exercised reasonable diligence to achieve self-sufficiency within a reasonable time. This analysis may begin as early as the hearing for an initial support order and conclude up to many years down the line, depending on the particular case.

Spousal support strategy and scenarios can be very complex, often involving a thorough analysis of the 4320 factors, income, expenses, assets, and debts of each spouse. It is important to know your rights, responsibilities, and options regarding spousal support issues. Our family law team at Naimish & Lewis can advise you on this and other family law matters. To schedule an initial consultation with an attorney at our firm, please contact us.

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Divorce, Estate Planning, Spousal Support

Robert J. Allison, Esq.

Mr. Allison is a resolution-oriented associate attorney in our Family Law Practice. Even-keeled and fact focused, he is able to assist our clients understand their rights and obligations through the stress and smoke and mirrors presented in their divorce, custody, and domestic violence matters. During the initial consultation, and again once facts and evidence have been collected, Mr. Allison provides various strategies to help clients present their cases, considering cost, time, and client needs. He prides himself in not making false promises to his clients and is unafraid to speak the raw and sometimes harsh reality of how a Court will decide a matter given a specific set of facts and circumstances, both to his clients and to opposing parties. Many potential clients share that they are unhappy with their previous attorneys because they felt a lack of communication, an uncertainty about the family law process and timeline, and they do not understand the strategy in their case or the invoices they receive. While the legal process is complex, Mr. Allison attempts to reduce the confusion through a reasonable case management process involving client participation, because a family law case is often the most difficult period of time in a client’s life.