Sacramento, CA family law attorney Mary Molinaro explains when and why spousal support is awarded in California. Spousal support is divided into two categories: temporary and permanent. In California, temporary spousal support is paid during the divorce process, from the time the petition is filed until the judgment is entered. This type of support follows a state-mandated guideline, similar to child support, which calculates the amount as 40% of the higher earner’s income minus 50% of the lower earner’s income, adjusted for child support. This calculation can vary by approximately five percent depending on the county.

Permanent spousal support begins once the judgment is entered and continues thereafter. In this case, it would be considered an abuse of discretion for the court to apply a set guideline. Instead, the court must evaluate statutory factors under Family Code 4320. These factors include the standard of living during the marriage, each party’s needs, age, employability, health, and other relevant considerations. Weighing these factors, the court determines if spousal support is warranted, as well as the amount and duration.