Jan 29 2009
How is Alimony Calculated in California?
How alimony is calculated in California is different than the way many other things are calculated. For instance, California has what’s known as the California Child Support Guidelines which is an algebraic equation that figures the amount of child support based on some very specific numbers. There is no such equation for figuring spousal support. So in the absence of a set of specific guidelines, the amount of alimony calculated in California can vary from judge to judge based on everything from the attitude of the judge toward spousal support in general, to the facts of the particular divorce.
There are some very general guidelines that determine how alimony is calculated in California, and each judge should take these into consideration when coming up with an amount of spousal support. In general, the amount of spousal support depends on the reasonable needs of the spouse seeking support, along with the other spouse’s ability to pay. But other factors come into play.
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Financial Situations
Each spouse’s finances will be examined to determine how big a change is present between their financial situation before and after the divorce. Each spouse’s ability to earn an income and the potential amount of that income is also considered, along with each spouse’s age, education or training, and the likelihood of that spouse becoming gainfully employed and being able to fulfill his or her income potential.
In a California divorce the reasonable needs of both parties are considered. How much money would be required to keep each person living in the same standard of living is before is a factor, as is the age of each spouse and the higher earning spouse’s ability to pay to help the lower earning or unemployed spouse keep a certain standard of living without lowering his or her own standard of living.
Another factor that affects how alimony is calculated in California is each spouse’s employment, and whether not each has tried to find work within their potential. If the spouse seeking support has the potential to support himself or herself then he or she is expected to attempt at least partial self-support by finding work that’s available, for instance.
Income tax consequences are considered for both the spouse that would pay and the spouse that would receive, as well as the paying spouse’s ability to pay the alimony. The assets awarded to each spouse at the end of the marriage, any child support issues, as well as the length of the marriage are also factors.
Temporary Spousal Support
Temporary spousal support isn’t the same as alimony and isn’t necessarily figured the same way. When a marriage ends or the parties separate, the unemployed spouse might need some sort of emergency support until other arrangements can be made or until he or she can find employment. If the spouse hasn’t worked in years but has the ability to work and the court determines they have the potential to earn an income, then temporary spousal support awarded won’t necessarily figure into the final amount of alimony calculated in California. If it’s determined that the spouse can work, sometimes temporary spousal support can even be waived.
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