One of the first questions many individuals ask when researching alimony is a simple one: What is the average alimony payment in California?
California law does not set an average or standard amount; instead, it requires that alimony be assessed on a case-by-case basis, using a wide variety of statutory factors that take into account each spouse’s economic situation, the duration of the marriage, and the purpose of the support award. It is more meaningful to understand how courts assess spousal support than to focus on any particular dollar amount.
Hire an Alimony Lawyer
Quinn & Dworakowski, LLP is an Orange County family law firm with over 100 years of collective litigation experience. We represent clients in spousal support, divorce, custody, and other complex family law matters, including those involving income and earnings analysis and long-term support considerations.
Attorneys at the firm have been recognized by Best Lawyers, Super Lawyers, and U.S. News & World Report for their work in family law, and they apply their experience to spousal support and other cases with careful legal analysis and attention to your individual circumstances.
What Is Spousal Support Under California Law?
Alimony, also known as spousal support, is governed by California Family Code Section 4320. Instead of a hard number, the courts consider a series of factors. This list includes each spouse’s current income and earning capacity, the length of the marriage, and the standard of living the couple enjoyed during the marriage. It also assesses each spouse’s financial needs.
California’s case-by-case method for alimony stems from the fact that divorce typically occurs when financial problems arise in a marriage. The Centers for Disease Control and Prevention recently published divorce rates from 2023 at 2.4 divorces per 1,000 people. California courts rely on individualized statutory factors rather than population data when determining whether spousal support is appropriate in a given case.
Reasons California Does Not Have an Average Alimony Amount
California does not have a standard or average spousal support amount because the state bases support decisions on a case-by-case basis. Courts consider the financial realities of the marriage, such as the history of income and earning capacity, length of the marriage, and the couple’s standard of living.
A statewide average spousal support or support benchmark is not used, since judges find that the unique circumstances in each case require tailored consideration rather than a preset figure.
Short-Term vs. Long-Term California Spousal Support
California spousal support is most often categorized as temporary or long-term. Temporary support can be ordered during a divorce case to maintain the status quo.
Long-term support comes into play when the marriage ends, with the expectation of providing the fairest possible arrangement, including self-sufficiency and financial planning. The courts will consider all the circumstances of the marriage and each spouse’s ability to support themselves when determining eligibility for continued support.
California Spousal Support: Earning Capacity vs. Actual Income
Courts don’t just consider a spouse’s actual income when awarding spousal support. They can also take into account a spouse’s earning capacity. Earning capacity is a spouse’s ability to earn income based on their education, work experience, skills, and job opportunities. This issue often arises when a spouse is unemployed or underemployed, or when a spouse earns less income after separating.
The court may need to analyze whether a spouse has the potential to earn more income and whether their earning capacity should be considered for support purposes. This can allow the court to make a more informed decision about spousal support obligations based on actual finances rather than temporary income.
FAQs
How Long Does Spousal Support Last in Orange County, CA?
The duration of spousal support in Orange County, CA, is highly dependent on the unique circumstances of the marriage and the spouses. Support may be granted for a limited period to allow one spouse time to become self-supporting, or the court may retain jurisdiction and revisit the issue if circumstances change later on, which is more common in long-term marriages.
Can Spousal Support Be Changed After a Court Order Is Issued?
Orders for spousal support may be subject to modification if there is a material change in circumstances after the original order is made. The court will look at whether there has been a significant change in the parties’ income, employment, health, or financial obligations since the original order, and if modifying support is appropriate given the purpose of the original order and the parties’ current financial circumstances.
Is Spousal Support Automatically Awarded in Every Divorce?
Spousal support is not automatically awarded in every California divorce. Courts will take the spouses’ financial circumstances, the structure of the marriage, and the need and ability to pay into account when determining whether support is appropriate. In some cases, the court may determine that spousal support is not appropriate or necessary given the specific facts of the case.
Can Domestic Violence Prevent a Spouse From Receiving Alimony in California?
Yes, California Family Code Section 4325 creates a presumption that a spouse who has been convicted of domestic violence against the other spouse within the prior five years is not entitled to receive spousal support. If support is to be awarded to the abusive spouse, the presumption must be rebutted by the court with findings specific to the facts of the case.
Contact an Alimony Lawyer
Determining spousal support in California takes into account multiple factors unique to each marriage, which is why there is no mathematical formula or “average” award. Instead, courts take a closer look at all parties’ income and earning capacities, as well as California’s statutory factors for spousal support awards.
Understanding the nuances of this analysis can provide a greater perspective for individuals facing alimony disputes. Whether seeking or opposing spousal support in Orange County, California, it’s important to manage expectations and understand how local courts view these complex factors. Knowledgeable representation can help navigate these considerations during both negotiations and litigation.
Our team at Quinn & Dworakowski, LLP, handles all aspects of spousal support negotiation and litigation. Contact our office if you have questions about California spousal support laws or if you would like to discuss your unique situation with an alimony attorney. Book a consultation and hire an alimony lawyer today.
