Also sometimes called alimony or spousal support maintenance, spousal support is determined by a wide range of factors.  Unlike child support, which the Court must enter in accordance with set guidelines, the issue of spousal support has no set guidelines and is left to the Court’s discretion.  Spousal support is taxable to the receiving spouse and deductible by the paying spouse in most instances.

There are many factors which the Court may find relevant in analyzing whether or not to order maintenance but most important is the length of the marriage, the age of the parties and their comparative wages and wealth.  The shorter the marriage, the younger the parties and the more equal their incomes, then the less likely it is that the Court will order maintenance.  Jarvis, Krieger and Sullivan can help you determine how much spousal support will be paid and for how long, from a planning perspective.

Spousal Support Available in California

	•	Temporary Maintenance
		This is awarded during the pendency of a divorce case.  Temporary orders terminate with the entry of a final order for dissolution.
	•	Permanent Maintenance
		This is a long-term spousal support and can last until the receiving spouse dies or remarries or until the paying spouse dies, retires or becomes disabled.
	•	Rehabilitative Maintenance
		This type of maintenance is typically awarded for a set period of time during which the receiving spouse is expected to utilize the maintenance funds to put themselves in a position where maintenance is no longer needed.
	•	Reviewable Maintenance
		This type of maintenance is typically awarded for a set period of time after which the Court may consider whether additional maintenance is needed.

It is the goal of the Court in every divorce case, to sever the financial entanglement of the parties.  If the marital estate is large enough, the Court may award additional property instead of maintenance.

Because spousal support calculations are not set in stone, it may be in your best interest not to leave these decisions up to the court and instead attempt to arrive at a settlement by means of mediation or collaborative law.  However, when necessary, the law firm of Jarvis, Krieger and Sullivan will utilize our extensive litigation skills and aggressively advocate for our clients in Court.

Modifications

When there has been a substantial change in circumstances, the Court may approve a modification of child support or spousal support.  Such circumstances may include job loss, a promotion resulting in an increase in income, or a serious illness requiring specialized, expensive health care.