Spousal support is an important aspect of the divorce process, and in California, judges have the option of either awarding temporary or permanent spousal support.
Despite the term, permanent spousal support is not infinite. It is subject to review and can be modified or terminated depending on the circumstances.
What factors will the court consider?
Judges typically order permanent spousal support when a spouse demonstrates a need for ongoing financial assistance due to factors such as:
- Age and health: The age and health conditions of both spouses are a major factor. An older spouse or one with significant health issues may require longer-term support.
- Earning potential: The recipient spouse’s ability to support themselves independently is evaluated. If they lack the necessary skills, education or work experience, ongoing support might be necessary.
- Standard of living: The court aims to help the recipient have a standard of living similar to what was established during the marriage after the divorce.
- Contributions to the marriage: The court considers contributions, such as homemaking or supporting the other spouse’s career.
- Duration of the marriage: Support is more likely to be permanent in long-term marriages. The duration of the marriage plays a major role in the decision.
- Financial needs and responsibilities: The recipient’s financial needs and any responsibilities, including care for children or other dependents, are reviewed.
- Ability to pay: The court assesses whether the paying spouse can provide support without facing undue financial strain.
These factors help the court determine the necessity and amount of permanent spousal support to better ensure a fair and equitable arrangement.
How permanent is permanent alimony?
While termed “permanent,” this type of alimony is not without limits. It usually ends when the recipient dies, achieves financial independence or remarries. Significant changes in financial circumstances for either spouse may also prompt the court to modify or terminate the support arrangement.
Getting legal guidance can help ensure that you understand how these factors might influence your case and what steps to take if your circumstances change.