A recent high-profile divorce case offers insight into understanding spousal support in California and the significant role it plays in ensuring fairness during and after separation. Rachel Lindsay, former star of the Bachelor franchise, recently finalized her divorce from Bryan Abasolo. According to People, the settlement ordered her to pay $460,229 to her ex-husband, accounting for $39,771 she had already paid in temporary spousal support. Temporary support had been set at $13,000 per month during their divorce proceedings, demonstrating the significant role spousal support can play during and after divorce. Let’s explore the fundamentals of spousal support in California, including how it is determined and the differences between temporary and long-term support.
What is Spousal Support?
Spousal support is money that one spouse pays to the other to provide financial assistance after separation or divorce. It is designed to help the receiving spouse become self-sufficient or to maintain financial stability while adjusting to life outside of the marriage. In California, courts consider several factors when awarding spousal support, such as the duration of the marriage, the earning capacities of each spouse, and the standard of living during the marriage. For an overview of spousal support, visit the California Courts Self-Help Guide on Spousal Support.
Temporary Spousal Support
Temporary spousal support is short-term financial assistance that one spouse provides to the other during the divorce process. Its primary purpose is to maintain the financial status quo until the divorce is finalized. Temporary spousal support orders are typically calculated based on standardized guidelines used by California courts. Temporary spousal support can cover immediate needs, such as housing, daily living expenses, or childcare. The goal is to ensure that the lower-earning spouse has the resources needed to sustain themselves during what can be a financially tumultuous time. For more detailed information on temporary spousal support, see the California Courts’ page on Temporary Spousal Support.
Long-Term Spousal Support
Once a divorce is finalized, temporary support may be replaced by long-term spousal support, depending on the circumstances of the case. Long-term spousal support is generally awarded in cases where the marriage lasted for a significant period (10 years or more is commonly considered a “long-term” marriage in California). Courts aim to balance the financial needs and abilities of each spouse while considering the length of the marriage and each party’s contributions to the household.
- Age and Health: Are both spouses able to work or generate income?
- Contributions to the Marriage: Did one spouse sacrifice career opportunities to support the other’s career or care for the family?
- Earning Capacity: Does the receiving spouse have the skills or experience needed to support themselves? The duration of long-term support is often tied to the length of the marriage, with the goal of allowing the receiving spouse to become self-sufficient. Learn more about the nuances of long-term spousal support at the California Courts’ page on Long-Term Spousal Support.
Modifying or Terminating Spousal Support
Circumstances can change after spousal support has been awarded. California law allows for modifications or termination of spousal support under certain conditions, such as:
- A significant change in income for either party
- The supported spouse becoming self-sufficient
- The remarriage or cohabitation of the supported spouse. To modify or terminate support, the requesting party must petition the court and demonstrate the change in circumstances.
Contact an Experienced Family Law Attorney
Whether you are seeking support or facing the obligation to pay, understanding spousal support is essential. At the Law Office of David Knecht, we have extensive experience in family law and can help you with your case. Contact us today, (707) 451-4502.