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California Alimony Calculator

Posted in Alimony,High Asset Divorce,Spousal Support on August 22, 2024

When your marriage falls apart you may be looking forward to a brighter future. However, whether you are the higher-earning spouse or the lower-earning spouse, the question of alimony may become a pivotal component of your divorce settlement. More commonly referred to as spousal support in California, alimony may not be guaranteed in every divorce proceeding. But when it is, these orders are legally binding and must be followed unless you file a petition for a modification and your request is granted. 

Whether you are going to be seeking or paying alimony, figuring out exactly how much could be ordered in your case will be a top priority as you begin to live your lives separately. Your high-powered Solana Beach divorce attorney with Ratzer Dobis can help you protect your rights and get your divorce finalized sooner. Here is more about how to calculate alimony in California, which type of alimony could be ordered in your case, and how long your spousal support order may remain in effect.

Implementing Spousal Support Orders 

Spousal support is not automatically awarded when you get divorced. In fact, there is no guarantee alimony will be paid at all. In fact, either spouse has the right to request alimony under California Family Code 4320. Generally, if one spouse earns substantially more than the other, the higher-earning spouse could be ordered to pay alimony to the lesser-earning spouse. However, if both spouses bring in approximately the same amount of income, alimony may not be appropriate.

Types of Alimony in CA 

While you might have hoped to obtain alimony or prevent your spouse from securing a spousal maintenance order, there are several potential types of alimony that could apply depending on the circumstances of your case.

Temporary Alimony

First, there is temporary alimony. This is a type of spousal support that is awarded while the divorce settlement terms are still being resolved. Generally, temporary alimony will be paid until the divorce is finalized and the lesser-earning spouse has the means to start supporting themselves. Generally, according to the California Courts, temporary spousal support orders are calculated using the following formula:

40% of the higher-earning spouse’s net monthly income -50% of the lesser-earning spouse’s net monthly income

Let’s look at an example. Jim earns $10,000 every month while Suzanne earns $5000 every month. Their temporary spousal support order may be calculated as follows:

40% of $10,000 = $4,000

50% of $5,000 = $2,500

We would then subtract $2,500 from $4,000 to get a temporary spousal support order of $1,500.

Long-Term Alimony

Long-term spousal support will generally continue for several years after the divorce has been finalized. Long-term alimony gives the lesser-earning spouse an opportunity to obtain further job training, education, or experience so that they may eventually be able to support themselves. The judge will take several factors into consideration in accordance with Cal. Fam. Code § 4320 to determine how much long-term spousal support should be awarded. The statute describes these factors as follows:

“The extent to which the earning capacity of each party is sufficient to maintain the standard of living established during the marriage, taking into account all of the following:

  • The marketable skills of the supported party; the job market for those skills; the time and expenses required for the supported party to acquire the appropriate education or training to develop those skills; and the possible need for retraining or education to acquire other, more marketable skills or employment.
  • The extent to which the supported party’s present or future earning capacity is impaired by periods of unemployment that were incurred during the marriage to permit the supported party to devote time to domestic duties.
  • The extent to which the supported party contributed to the attainment of an education, training, a career position, or a license by the supporting party.
  • The ability of the supporting party to pay spousal support, taking into account the supporting party’s earning capacity, earned and unearned income, assets, and standard of living.
  • The needs of each party are based on the standard of living established during the marriage.
  • The obligations and assets, including the separate property, of each party.
  • The duration of the marriage.
  • The ability of the supported party to engage in gainful employment without unduly interfering with the interests of dependent children in the custody of the party.
  • The age and health of the parties.
  • All documented evidence of any history of domestic violence between the parties or perpetrated by either party against either party’s child
  • The immediate and specific tax consequences to each party.
  • The balance of the hardships to each party.
  • The goal is that the supported party shall be self-supporting within a reasonable period of time. 
  • The criminal conviction of an abusive spouse shall be considered in making a reduction or elimination of a spousal support award.
  • Any other factors the court determines are just and equitable.”

Permanent Alimony in California 

Permanent spousal support might apply if your marriage lasted for 10 or more years. While the court system has the authority to award spousal support on a “permanent” basis, these orders may be reserved for marriages where one spouse was dependent on the other for the majority of the marriage or one spouse is mentally or physically incapable of taking care of themselves. However, spousal support orders can be modified as needed, so they are not necessarily considered permanent.

Meet With a Reputable Alimony Lawyer in California for Help Today

While alimony may not be awarded in every divorce proceeding, if there is a significant income discrepancy between spouses, alimony could be awarded on a temporary or permanent basis. When you have concerns that your soon-to-be ex-spouse will take advantage of you by denying you the spousal support you deserve or attempting to demand more financial support than they are entitled to, you need a powerful legal advocate on your side to help you protect your rights. 

Turn to a strategically aggressive divorce attorney with Ratzer Dobis to safeguard your divorce settlement. You can reach us by phone or through our secured contact form to schedule your confidential consultation as soon as today.