Spousal support can be one of the most significant financial issues in a divorce. The amount and duration of support can affect both parties for years, particularly after a long-term marriage or when there is a substantial difference in the parties' incomes.

I represent clients in Berkeley and throughout the Bay Area in matters involving temporary and long-term spousal support, modification of existing support orders, and termination of support.

Spousal Support in California

California law distinguishes between temporary spousal support, which may be ordered while a divorce is pending, and longer-term support ordered as part of the final resolution of a case.

Temporary support is often calculated using a guideline formula. Long-term or post-judgment support is different. The court must consider a number of statutory factors rather than simply applying a formula.

Long-Term Spousal Support

When determining long-term spousal support, the court considers factors that include the parties' incomes and earning capacities, the length of the marriage, their marital standard of living, their assets and obligations, the needs of each party, and the extent to which one spouse may have contributed to the other's education or career.

Other considerations may include:

• The age and health of each party
• Each party's education, job skills and earning capacity
• Periods of unemployment or time spent caring for children
• The ability of the supporting spouse to pay support
• The supported spouse's ability to become self-supporting
• The parties' assets and debts
• The tax consequences of the parties' financial circumstances
• Any history of domestic violence
• Other circumstances the court determines are equitable

The significance of these factors varies considerably from case to case.

Long-Term Marriages

The duration of the marriage can be particularly important in determining spousal support. California law treats marriages of long duration differently in certain respects, but a long-term marriage does not automatically mean that support will continue indefinitely.

Questions concerning the amount and duration of support require consideration of the parties' circumstances as a whole, including their ages, earning abilities, financial needs and the marital standard of living.

Modification and Termination of Spousal Support

Spousal support orders may sometimes be modified when there has been a material change in circumstances. A significant change in income, employment, retirement or the supported party's financial circumstances may affect an existing order.

Whether support can be modified or terminated also depends on the terms of the existing judgment or agreement. Some support orders remain modifiable while others may contain limitations on the court's ability to change them.

I represent clients seeking modifications as well as clients responding to requests to reduce, increase or terminate support.

A Practical Approach to Spousal Support

Spousal support disputes often involve both legal and financial questions. Understanding the parties' actual income, expenses, assets and earning capacities is essential to evaluating a reasonable outcome.

My approach is to identify the financial issues that materially affect support, develop the evidence necessary to address them, and seek a practical resolution when possible. When the parties cannot reach a reasonable agreement, I am prepared to litigate the issue.

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