Amy Ghosh is a practicing lawyer in Los Angeles.  Her area of expertise include immigration, family and employment law. Ms. Ghosh is continually looking for meaningful opportunity to contribute to the society through her legal and social work. Please contact her amygesq@gmail.com

In California, spousal support (alimony) and property equalization are constantly evolving areas of law, with recent legislative and case-law changes aimed at improving fairness and clarity. While the core principles remain, here’s a breakdown of some of the most recent developments.
Spousal Support (Alimony)
There have not been major overhauls to the calculation of spousal support, as the state still relies on the two primary categories: temporary and long-term.
* Temporary Spousal Support: The calculation for this type of support, which is paid while a divorce case is pending, still primarily uses a computer-generated formula. The most common formula is a variation of the Santa Clara County Guideline: 40% of the high earner’s net monthly income minus 50% of the low earner’s net monthly income. Recent changes to this process are tied to new child support laws.

• Ability to Pay:

  . The court assesses the paying spouse’s financial capacity to provide support without causing undue hardship. 

• Marital Standard of Living:

  . The court aims to maintain the lifestyle the couple maintained during the marriage. 

• Income and Earning Capacity:

  . The court looks at each spouse’s current income and their potential to earn money. 

• Assets and Debts:

  . Both parties’ financial resources, including community property and separate property, are reviewed. 

• Health and Age:

  . The physical health and age of each spouse can impact their earning potential. 

• Child Custody and Care:

  . Child support and custody arrangements are considered, as they affect a parent’s financial responsibilities and ability to work. 

• Domestic Violence:

  . A history of domestic violence is a critical factor that can influence support orders. 

• Other Relevant Factors:

  . The court may consider any other factor that is deemed relevant to the specific case. 

• 2. Mathematical Formula:

  California uses mathematical guidelines to provide a starting point for calculating temporary spousal support, often involving a percentage of the higher earner’s net monthly income and a portion of the lower earner’s net income. 
• 3. Review of Factors:

  The court then reviews the factors listed above to adjust the initial formula-based amount as needed. 
• 4. Temporary Nature:

  This is a temporary order, and after a final divorce judgment, the court will reassess circumstances to decide on permanent spousal support. 

* Impact of SB 343: A major piece of legislation, Senate Bill 343, which took effect in September 2024, revised California’s child support calculation. This has a direct, indirect effect on spousal support. The new law changes how “add-ons” for childcare and medical expenses are calculated, and it expands the types of income included in the formula. Since child support is calculated first and has priority over spousal support, a change in the child support amount directly affects the amount of income available for spousal support. In many cases, an increase in child support can result in a decrease in spousal support for the lower-earning spouse.
* Long-Term Spousal Support: This support is ordered at the end of a divorce. There is no formula for calculating it. Instead, judges must consider the 14 factors listed in Family Code § 4320. While these factors have not changed, recent court cases and legislative efforts have focused on the importance of each factor, particularly in high-conflict or long-term marriages.

• Standard of Living:

  Courts consider the couple’s established lifestyle during the marriage and aim to maintain a similar standard of living for both parties post-divorce. 
• Earning Capacity & Marketable Skills:

  The court analyzes each spouse’s ability to earn income, considering their education, skills, job market opportunities, and time out of the workforce for child-rearing.

   
• Health and Age:

  A spouse’s age and health are considered, especially if it impacts their ability to work and achieve financial independence. 
• Contributions to the Marriage:

  Non-financial contributions, such as homemaking and child-rearing, or supporting a spouse’s career or education, are considered significant. 
• Assets and Debts:

  The court reviews both community and separate assets and debts of each spouse to assess their financial needs and resources.

   
• Ability to Pay:i

  The paying spouse’s capacity to pay support without unduly affecting their own financial stability and other obligations is a critical factor. 
• History of Domestic Violence:

  A documented history of domestic violence is a significant factor that can influence the support decision. 
• Child Custody and Support:

  Child support orders and custody arrangements can impact a parent’s ability to pay or receive spousal support. 
• Balance of Hardships:

  The court evaluates the potential financial hardship each party may face after the divorce is finalized.