Navigating the obligation of spousal support in California can be challenging, particularly for high earners. Since spousal support is a court-ordered payment, most individuals want to ensure they do not fail to fulfill their obligations.
In cases involving high-income individuals, the stakes are often higher, as the financial obligations can be more substantial. As such, exploring the nuances of spousal support California can be helpful for those who need to make such payments and are high income. Individuals can benefit from knowing the factors that influence the amount and duration of support.
Spousal support basics in California
California law categorizes spousal support into temporary support and long-term (or permanent) support. As the name suggests, temporary support is paid while the divorce is happening to stabilize the low-earning spouse financially.
Long-term support is intended to provide financial assistance to the lower-earning spouse for a longer period as they work toward financial independence. Long-term spousal support is often required in marriages that lasted 10 years before the couple decided to divorce. In such cases, support may be ordered indefinitely until the receiving spouse marries someone new, moves in with a new partner or becomes financially independent.
Paying spouses should know that the state follows a no-fault divorce system. Therefore, the high earner may still be required to pay spousal support even if the reasons for divorce include infidelity, substance abuse or poor money habits. California courts focus on financial factors to help ensure fairness between the parties.
Key factors that influence spousal support for high earners
State courts often use a set of guidelines for determining temporary support. However, for high earners, spousal support calculations can be particularly intricate. As such, the formula for calculating spousal support is not as rigid, especially for long-term support. Instead, judges rely on various factors outlined in California Family Code Section 4320.
The primary factor that courts consider is the income disparity between a low-earning and a high-earning spouse. High earners have an obligation to help ensure the lower-earning spouse continues to sustain the quality of life that was normalized during the marriage.
Courts also examine the earning capacity of the supported spouse. They may be able to eventually increase their income through education or job training. In such cases, support may be reduced or time-limited.
High-earning spouses who are anticipating that they’ll be required to pay spousal support in their divorce should find out how the amount will be calculated. With the help of a strategic legal team, high earners can help ensure they do not need to pay more than they should.