California Info

California Divorce Start Your Divorce Find Professionals California Articles Divorce Facts Divorce Grounds Residency Divorce Laws Mediation/Counseling Divorce Process Legal Separation Annulments Property Division Alimony Child Custody Child Support Divorce Forms Process Service Grandparent Rights Forum California Products Divorce by County

California Articles

Agreements Attorney Relationship Custody & Visitation Child Support Collaborative Law Counseling Divorce/General Domestic Abuse Domestic Partnership Financial Planning Foreign Divorce Mediation Parenting Property Division Spousal Support SEE ALL

Info Categories

Contemplating Divorce Children & Divorce Divorce, Dollars & Debt Divorce Laws Divorce Process Divorce Negotiation SEE ALL

More Information

Articles Checklists Research Center Cases of Interest Dictionary Encyclopedia Encyclopedia (pop-up) Blogs

For Professionals

Advertise With Us Free Network Page Join Our Network Submit Articles Sign In

Network Sites

California Divorce Support California Divorce Online

How is California Spousal Support Calculated

Unlike child support, only vague guidelines are established in California for spousal support. Unfortunately, broad latitude is administered by judges with varying attitudes. Different results appear in cases with similar factual situations. Generally speaking, spousal support is based on the reasonable needs of the wife as they relate to the husband's ability to pay. The factors most relevant are as follows:

  • A comparison of the financial position of each of the parties before and after the dissolution.
  • Each spouse's ability to work, and his or her potential earnings considered in light of age, training and likelihood of employment.
  • The reasonable needs of each spouse due him or her in the style of life to which he or she is accustomed, considering his or her age and health, subject to the other spouse's ability to pay.
  • The nature of the assets awarded to each spouse with their actual and reasonable income potential.
  • Whether the party has made reasonable efforts to find suitable work consistent with his or her age, ability and health, and whether the party has made a genuine and conscientious effort to establish at least partial self-support.
  • The income tax consequences of spousal support to both the paying and receiving spouse.
  • The relative financial ability of a spouse to pay, based on his or her financial condition, resources, ability to earn and actual earnings with due consideration given to income tax premiums and retirement contributions.
  • Other valid support obligations of either spouse to his or her lawful dependents.
  • The duration of the marriage. In long term marriages of say 20 years, the court has a tendency to equalize the incomes of the parties.

Temporary spousal support is usually based solely on the respective earnings of the parties and their special needs at the moment. Although this may appear to unfairly benefit the spouse who was unemployed at the date of separation; Judges are more willing to order written proof of job contacts for the unemployed spouse if they appear to be a viable candidate for work. Also, the courts are tending to order professional assessments of a party's ability if they have not worked for substantial period of time.

Was this helpful? Like our site & let us know.

Related Articles

Start California Divorce Start Your California Online Divorce Today
Easy, Fast and Affordable with a 100% Guarantee.
California Divorce Find California Divorce Professionals in Your Area:
Join the Network
California Divorce Products, Services and Solutions California Divorce Products, Services and Solutions
California Divorce Resources to Help You Through the Process.
Online Parenting Class California Mandatory Online Parenting Class
Easy and convenient - complete at your own pace online.
Divorce and Custody Books Discount Divorce Bookstore
Over 100 Titles of the Best Books on Divorce & Custody.
Divorce Downloads Divorce Download Center
Instantly Download, Books, Manuals, & Forms.
Divorce Worksheet Free California Divorce Worksheet & Separation Agreement
Your Guide to Get Organized and Put Everything in Writing.
Generally, debts incurred during the marriage are community obligations. This includes credit card bills, even if the credit card is in one name only. Student loans are an important exception because they are considered separate property debts. Community property possessions and community property debts are divided equally unless both spouses agree to an unequal division in writing. If spouses can't agree on the division of debts and possessions, a judge makes that decision.
Divorce Lawyers & Mediators

Find Professionals

Easily Connect With a Lawyer or Mediator
Have Divorce Professionals from Your Area Contact You!
Enter Your Zip Code:


Start Your Divorce File for a California Divorce


Settle Your Divorce Negotiate Your California Divorce


Support Forum California Support Forum

Guarantee Official PayPal Seal Facebook Twitter Versign Secure Site