Divorce often involves difficult decisions about finances, and one of the most important issues to understand is spousal support. In California, courts may award different types of support depending on the stage of the case and the financial circumstances of both spouses. Understanding the difference between temporary and permanent spousal support can help you prepare for what lies ahead and make informed decisions during your divorce.
If you need immediate legal guidance, reach out through our online contact form or call (310) 817-6904 to speak with a Los Angeles divorce attorney.
What Is Spousal Support?
Spousal support, also known as alimony, is financial assistance paid by one spouse to the other after separation or divorce. The purpose is to help the lower-earning spouse maintain financial stability during and after the legal process. In California, there are two main types of support: temporary and permanent (also known as long-term). Each serves a different function, and understanding both is crucial for anyone navigating divorce.
Temporary Spousal Support: Immediate Financial Stability
Temporary spousal support is typically ordered shortly after a divorce or legal separation is filed. Its purpose is to maintain the financial status quo until a final judgment is made. Courts use temporary support to ensure that both spouses can cover their living expenses during the divorce process.
How Temporary Spousal Support Is Calculated
California courts often use a standardized formula to determine the amount of temporary support. While the exact formula can vary by county, it usually considers each spouse’s income and certain deductions. Temporary orders are designed to be efficient and predictable, ensuring financial stability is maintained while the case is pending.
Key Features of Temporary Spousal Support
Temporary support focuses on immediate needs rather than long-term financial plans. Here are some notable points:
- Determined early in the divorce process
- Calculated using standardized guidelines
- Primarily designed to maintain financial stability during the case
- Usually ends when the final divorce judgment is issued
Once the divorce is finalized, temporary support ends, and if appropriate, the court may issue a permanent support order.
Permanent Spousal Support: Long-Term Financial Arrangements
Permanent spousal support comes into play after the divorce is finalized. Despite the term “permanent,” it doesn’t always mean support lasts indefinitely. Instead, it refers to support awarded as part of the final judgment, which can be modified or terminated later under certain circumstances.
Factors Considered for Permanent Spousal Support
Unlike temporary support, permanent support isn’t determined by a strict formula. Instead, the court considers various factors outlined in California Family Code Section 4320 to determine the appropriate amount and duration. These factors include:
- The length of the marriage
- Each spouse’s earning capacity and financial needs
- Contributions to the marriage, such as raising children or supporting a spouse’s career
- The standard of living during the marriage
- Age and health of both parties
- Any history of domestic violence
- Tax implications of support payments
The goal is to create a fair arrangement that reflects each spouse’s circumstances upon the end of the marriage.
Duration and Modification of Permanent Support
The length of permanent spousal support often depends on the duration of the marriage. For marriages lasting less than ten years, support may be ordered for about half the length of the marriage. For marriages of ten years or longer, the court may not set a specific end date, leaving future modification up to further court decisions if circumstances change.
Support orders can be modified if either spouse experiences a significant change in financial situation, such as job loss, retirement, or health issues.
Temporary vs. Permanent Support: A Side-by-Side Comparison
To make the distinctions clearer, here’s a helpful comparison of the two types of support:
- Timing: Temporary support is ordered during the divorce process; permanent support is ordered after the divorce is finalized.
- Calculation: Temporary support often follows a formula; permanent support relies on judicial discretion.
- Purpose: Temporary support maintains financial stability; permanent support addresses long-term needs.
- Duration: Temporary ends with the final judgment; permanent can last for a set period or be modified over time.
Understanding these differences can help divorcing spouses set realistic expectations about their financial future.
Working With a Los Angeles Divorce Attorney
Navigating spousal support can be complicated, especially when trying to distinguish between temporary and permanent arrangements. A knowledgeable Los Angeles divorce attorney can help assess your financial circumstances, explain the court’s approach, and guide you through the legal process to protect your interests.
Los Angeles Divorce Attorney
For personalized guidance on spousal support during and after divorce, contact Claery & Hammond, LLP for support tailored to your situation. Use our online contact form or call (310) 817-6904 to speak with a Los Angeles divorce attorney who can help you understand your options and prepare for the next steps.