Written by attorney Marion Joy Frank

Spousal Support in CA

Spousal support in California is based upon the "Standard of Living of the Marriage."

In a long term marriage of 10 years or more, the Court must consider spousal support if there is a need by one spouse and an ability to pay by the other. The Court considers many facts as explained in California Family Code 4320.

For a short-term marriage, the court may end support in half the term of the marriage depending on the circumstances. In mediation will look at the income of both parties just as a court would do.

There are two types of spousal support: temporary support and support at the judgment.

Temporary support, which begins after the filing of divorce (by hearing in court or in private sessions using the same criteria in mediation). We use the state approved software that the court uses (DissoMaster). The other type of spousal support is support at the judgment. This is also based on the income of both parties, and also the factors of support mentioned above. The particular facts of the case will determine the amount and duration of support. If the court orders spousal support, they will order it until the death of either party, the remarriage of the supported spouse, or until further order of the court. Mediation also includes this language but also can negotiate a termination date and other issues. Spousal support may change, as well as child support, upon a change of circumstances.

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