What is a Reasonable Amount for Spousal Support in a Los Angeles Divorce?
When a couple legally separates or divorces in Los Angeles, the Los Angeles Superior Court may order one spouse to pay the other a certain amount of support each month. This financial assistance, often referred to as "spousal support" or "alimony," is intended to ensure that both parties can maintain a similar standard of living after the divorce. Spousal support plays a critical role in ensuring fairness in divorce proceedings, particularly in high-cost areas like Los Angeles.
But how do courts determine what constitutes a "reasonable" amount for spousal support? And what factors come into play when calculating this sum in a city as expensive as Los Angeles? In this post, we’ll take an in-depth look at the spousal support process in California, the key factors that influence the amount, and how this process plays out in the context of a Los Angeles divorce.
The Purpose of Spousal Support in California Divorce
Spousal support is designed to provide one spouse with the financial means to support themselves after the marriage ends. The primary goal is to ensure that both parties can continue to meet their financial needs, particularly if one spouse has been economically disadvantaged during the marriage. This is especially important in cases where one spouse may have sacrificed career opportunities or income-earning potential to support the family, care for children, or contribute in other ways that indirectly supported the family unit.
In California, the court’s decision regarding spousal support takes into account many factors designed to assess each spouse’s financial needs and ability to pay. The concept is to maintain a sense of fairness while acknowledging that the dissolution of marriage often leads to an increase in the financial burden on both individuals. In a high-cost living area like Los Angeles, the court also considers the increased cost of maintaining two separate households compared to a single, shared home.
How is Spousal Support Calculated in Los Angeles?
California divorce law provides guidelines to determine spousal support during and after the divorce. The calculation is based on a combination of factors, but for temporary (or "pendente lite") spousal support, the calculation is somewhat more straightforward.
Temporary (Pendente Lite) Spousal Support Formula:
When a divorce is in progress, the court may issue a temporary order for spousal support. This is intended to cover the period of time between the filing of the divorce and the final judgment. California Family Code §3600 allows the court to order any necessary support for either spouse during this period. In Los Angeles, the court uses a guideline formula—commonly referred to as the "Dissomaster" or “guideline” formula—to calculate the temporary spousal support amount.
The temporary spousal support calculation typically involves 25-40% of the payor spouse’s net income less 50% of the payee spouse’s net income. The specific sum will depend on the specific case.
This guideline formula provides a starting point for determining the amount of temporary spousal support. However, the formula can be adjusted based on special circumstances or factors unique to each case. While this formula is widely used, it is not an absolute rule, and judges may use discretion depending on the specifics of the case.
Permanent (Long-Term) Spousal Support in California
As part of the divorce becoming finalized, the court will determine the amount and duration of permanent or long-term spousal support, also referred to as "post-divorce support." This support is not as formulaic as temporary support, and the court considers a broader range of factors.
The key factors that the court uses to determine long-term spousal support are outlined in California Family Code §4320, and they include:
The needs of each spouse: The court will consider the standard of living established during the marriage, as well as each spouse's needs post-divorce. If one spouse relied on the other for financial support, they may receive a higher amount of spousal support.
The ability of the supporting spouse to pay: The court will also assess the supporting spouse's ability to pay. This includes their income, expenses, and overall financial situation.
The recipient spouse’s ability to support themselves: If the recipient spouse has the ability to earn a sufficient income or acquire necessary education or training, the court may reduce the amount of support or limit the duration.
The age and health of both spouses: If one spouse is older or in poor health, the court may be more inclined to award spousal support. This is especially true if the recipient spouse is unable to support themselves due to health reasons or age.
Contributions to the marriage: The court will consider non-financial contributions made by each spouse during the marriage, such as raising children or supporting the other spouse’s career.
History of domestic violence: If there is a history of domestic violence, the court may consider this when determining spousal support.
Other factors: The court may also consider other relevant circumstances, such as whether one spouse sacrificed career opportunities to raise children or care for the family.
Unlike the formula used for temporary spousal support, long-term spousal support is not based on a mathematical calculation. Instead, the judge has significant discretion to consider the entire picture of the marriage and its impact on each spouse’s financial future. This discretion is both an advantage and a disadvantage, as it can lead to unpredictable outcomes.
The Challenges of Predicting Long-Term Spousal Support
Because long-term spousal support is based on a set of qualitative factors rather than a formula, predicting the exact amount and duration of support can be challenging. Each judge has their own approach when applying the §4320 factors, and the court’s decision can depend on factors such as the nature of the marriage, the needs of each spouse, and the available evidence presented at trial.
However, experienced divorce attorneys often have insight into how judges typically rule based on the facts of the case. As a general rule of thumb, long-term spousal support is often calculated to be approximately 80% of the guideline formula used for temporary support. This figure is used to negotiate long-term spousal support in many cases.
Despite this general estimate, it is important to remember that spousal support in California is not a one-size-fits-all determination. A judge’s ruling will depend on the specifics of the case, and in many instances, two parties may settle on a spousal support agreement before the case even reaches trial.
Spousal Support Duration: How Long Will Spousal Support Last?
The duration of spousal support is another key factor in divorce proceedings. In California, the length of time that spousal support is awarded typically depends on the length of the marriage:
Short-term marriages (less than 10 years): Spousal support is often temporary and may only last for a few years, or until the supported spouse becomes self-supporting. Typically, it will last for one-half of the length of marriage.
Long-term marriages (10 years or more): In cases of long-term marriages, spousal support may be awarded for a longer period, potentially for the rest of the supported spouse’s life or until a substantial change in circumstances occurs (such as remarriage or the supporting spouse’s retirement).
Settling Spousal Support vs. Litigating in Court
In many divorce cases, the parties can reach a spousal support agreement without going to trial. Negotiating a settlement can save both time and money, as litigation is costly and unpredictable. If the parties can agree on a reasonable amount for spousal support, they can submit this agreement to the court for approval, which avoids the need for a protracted trial.
However, if the parties are unable to reach an agreement, they will need to litigate the issue of spousal support. At trial, both sides present their arguments, and the judge will make a final decision based on the California Family Code §4320 factors.
For this reason, many divorce attorneys encourage settlement in cases where both parties are close in their spousal support demands. Avoiding a trial can save both sides significant legal expenses and the emotional toll of prolonged litigation.
Key Takeaways on Spousal Support in a Los Angeles Divorce
Spousal support is a critical component of many divorces, especially in a high-cost area like Los Angeles. The amount of support awarded depends on a range of factors, including the length of the marriage, each spouse’s income, and other personal considerations such as health and age.
While the court follows a guideline formula for temporary support, the process for determining long-term support is more discretionary. It’s important to understand that every case is unique, and the specific facts and circumstances will influence the final determination.
If you are going through a divorce in Los Angeles, it is crucial to consult with a family law attorney who can help you understand your rights, obligations, and potential outcomes related to spousal support. With the help of a knowledgeable attorney, you can navigate the complexities of spousal support and work toward a fair and reasonable resolution.
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Emily Rubenstein Law PC is a full service divorce and family law firm. We proudly serve Beverly Hills, West Hollywood, West Los Angeles, Santa Monica, Culver City, the South Bay, Glendale, Pasadena, Sherman Oaks, Studio City, Encino and all of Los Angeles County.
Give us a call or check out our website:
(310) 750-0827 | www.emilyrubensteinlaw.com
On your side,
Emily Rubenstein, Esq.
Founding attorney
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