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Money questions can feel heavy when your family is changing, especially when you're unsure what the months ahead will look like. Our Petaluma family law attorneys help with every part of spousal support, whether you may pay it or receive it. We'll explain what to expect, help you build a realistic plan and help enforce the orders a court issues, so you can feel steadier about your future.
Support is often the part of a divorce people think about last. You may already know what you hope for with the house or parenting time, but not what support will look like. Understanding it early helps you plan with confidence. If you'd like a second opinion or simply more information, we're glad to talk during a free consultation.
Schedule a Free ConsultationA spouse or registered domestic partner can ask for spousal support as part of a divorce, legal separation or annulment case. The person who receives support is called the supported spouse, and the person who pays is the paying spouse.
If your judgment already includes support orders, they're legally enforceable. If it doesn't, you may still be able to ask the court for support later, as long as the court kept the power to order it.
Spousal support, sometimes called alimony, is money one spouse pays the other during or after a divorce or legal separation. It's often ordered when one spouse earns much more than the other, to give the lower-earning spouse time and stability to work toward supporting themselves. Spousal support can be ordered whether or not you have children.
There are two kinds. Temporary support helps both spouses keep things steady while the case is open. Long-term support is set in the final judgment after the judge weighs factors such as each spouse's earning capacity, the standard of living during the marriage, the length of the marriage, each spouse's age and health, and any history of domestic violence.
For marriages under 10 years, a common guideline is about half the length of the marriage, though the judge can set a different period. For marriages of 10 years or more, the court may keep the power to change support with no set end date. Support usually ends if the supported spouse remarries or either spouse dies, unless you both agree otherwise in writing.
If you have children, child support is usually decided alongside spousal support. Child support helps make sure your kids have what they need in both homes, and either parent can ask for it, whether the parents were married or not. Child care and uninsured health care costs are usually added on top of the base amount.
California sets child support with a statewide guideline formula. It looks at each parent's net disposable income (income after taxes and certain required deductions) and how much time the children spend with each parent. Regular bonuses, overtime and commissions can count as income. Child support is figured first, and the court takes it into account when it sets spousal support, so the two work together.
Custody and child support are separate orders, but they're closely connected. The time your children spend with each parent is one of the two main inputs in the child support formula, so a change in your parenting schedule can change the amount of support too. Planning your parenting schedule and your support together helps your family avoid surprises.
To learn how parenting plans, legal custody and physical custody work, visit our Petaluma child custody lawyers page.
If the other parent or your former spouse doesn't pay court-ordered support, you have options, and you don't have to handle it alone. You can ask the court to enforce the order, or work with the Sonoma County Department of Child Support Services at no cost for child support. Enforcement tools include wage withholding, property liens, tax refund intercepts and driver's license suspension. Unpaid support also earns interest, and in some cases the court can hold the paying party in contempt.
Clear answers about money can bring real relief. Our Petaluma spousal support attorneys will listen to your situation, explain what to expect and help you plan your next step. Your first consultation is free.
Frequently asked questions
A spouse or registered domestic partner may qualify when there's a gap in income or earning ability. The judge looks at factors such as each spouse's needs, ability to pay, the length of the marriage and the standard of living you shared.
Usually, yes. Either spouse can ask the court to modify support after a meaningful change in circumstances, such as a job loss or a big change in income, unless your written agreement says support can't be changed.
You might. Even with equal parenting time, the guideline formula also looks at each parent's income. When one parent earns more, that parent may still pay child support to help balance the children's lives in both homes.
Parents can agree to an amount below guideline, or even zero, in some situations. The court must find that the agreement is in your children's best interest and that their needs will be met, so it reviews these agreements carefully.
There's a lot to think about in a support case, and it's normal to have questions. Every family's finances are different, so we take time to understand yours before we give advice. That way, your plan fits your real life.
We negotiate with the other side to reach a fair resolution and represent you in court when needed. Our compassionate team uses modern technology to keep your case moving and your costs predictable, and our SimpleStart™ program may let qualified clients begin with a reduced retainer.
We're not fans of surprises, and we suspect you aren't either. Our California spousal support and child support calculators help you know what to expect before we meet.
Support cases have many parts, and every family's situation is different. Each page below can help you feel more prepared.
Our Calculators
We’re not fans of surprises and we suspect you aren’t either. We built these divorce calculators just for you, so you know what to expect every step of the way.
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