The Types of Alimony Available in California Divorces

Alimony — also known as “spousal support” — can be one of the most contentious issues in divorce. Historically, the prospect of having to pay substantial amounts in alimony has discouraged unhappy couples from divorcing. However, alimony serves an important purpose by helping divorced spouses get back on their feet after many years spent out of the workforce. If you have been asked to pay alimony or are considering asking for an alimony award, a Stockton divorce attorney can help you determine your next move. 

Two Types of Alimony 

There are two types of alimony in California family law matters: temporary alimony and long-term alimony. 

Temporary Alimony 

Temporary alimony is short-term alimony that courts order during the pendency of family law cases. For this reason, it is occasionally referred to as pendente lite (“pending litigation”) alimony. Family law judges typically order temporary alimony when one spouse makes less money than the other and has immediate financial needs. When considering whether to order temporary alimony, courts consider (1) the needs of the lower-earning spouse and (2) the higher-earning spouse’s ability to pay. Judges typically use a mathematical formula when determining how much temporary alimony to award. Using the most common formula, the monthly temporary alimony payment is equal to 40% of the higher earner’s net monthly income minus 50% of the lower earner’s net monthly income. 

Long-Term Alimony 

Long-term alimony is the alimony one spouse pays to the other for potentially many years after a divorce becomes final. It is less common than temporary alimony, and courts typically award it in cases where the marriage was long and one spouse makes significantly more than the other spouse. 

When deciding whether to order long-term alimony and how much the supporting party should pay, courts consider several factors (known as the § 4320 factors), including:

• The earning capacity of each party 
• The standard of living the parties enjoyed during the marriage
• The extent to which the supported party contributed to the education, training, or career of the supporting party 
• The ability of the supporting party to pay 
• The duration of the marriage
• The age and health of the parties

As its name suggests, long-term alimony lasts for a long time; generally, the longer the marriage, the longer the term of the alimony payments. 

How to Minimize Disputes Over Alimony 

Divorcing couple need not fight over alimony. One highly effective strategy to minimize alimony disputes is to settle them prior to the marriage through a prenuptial agreement. Using this method, couples can agree to alimony issues beforehand, including the amount of alimony, the duration of alimony payments, and whether alimony will be paid at all. 

Resolve Your Alimony Issues With Help From a Stockton Divorce Attorney 

For assistance with an alimony issue — whether before marriage as part of a prenuptial agreement or at the conclusion of a marriage during divorce — please contact a Stockton divorce attorney at McKinley, Conger, Jolley & Galarneau by using our online form or calling us at 209-477-8171.