Spousal Support
Fair support. Protected futures.
Spousal support (alimony) is often one of the most hotly contested issues in divorce. Whether you are paying or receiving, the outcome can have a long-lasting impact on your financial security.
At the Law Office of Jennifer L. King, PC, we fight for spousal support orders that are fair, realistic, and grounded in the facts of your case.
Temporary vs. Permanent Support
Temporary Spousal Support
- Ordered while the divorce is pending.
- Calculated by a guideline formula based on the parties’ incomes and timeshare with children.
- Designed to maintain the status quo until the case is resolved.
- Typically higher than permanent support.
Permanent (Post-Judgment) Spousal Support
- Ordered after the divorce is finalized.
- Not formula-driven. Instead, the court applies the Family Code §4320 factors (see below).
- Duration depends on the length of the marriage and other circumstances.
- For marriages under 10 years, support is usually about half the length of the marriage.
- For marriages over 10 years, courts have discretion to order support for a longer or indefinite period.
The Family Code §4320 Factors
When setting permanent spousal support, California judges must consider a wide range of factors, including:
- The length of the marriage
- Each party’s earning capacity and ability to maintain the marital standard of living
- Contributions made during the marriage (such as raising children or supporting a spouse’s career)
- The supported spouse’s marketable skills and ability to work
- Age and health of the parties
- Domestic violence findings (Family Code §4320(i))
- Tax consequences
- Any other factors the court finds relevant
⚖️ Why it matters: This analysis is subjective. Strong evidence and persuasive advocacy often make the difference between an order that’s fair and one that isn’t.
Gavron Warnings
In many cases, courts issue a “Gavron warning,” which tells the supported spouse they are expected to make reasonable efforts to become self-supporting. Failure to do so can later justify reducing or terminating support.
Modification or Termination
Spousal support can be modified or terminated if circumstances change, such as:
- A significant change in income for either party
- The supported spouse becomes self-sufficient
- The supported spouse remarries or begins cohabiting with a new partner
- Retirement of the paying spouse
- Findings of misconduct, such as hidden income or perjury
How We Help
- Ensuring income is calculated accurately (including bonuses, stock, business income).
- Presenting evidence of sacrifices made during the marriage.
- Challenging inflated support requests or hidden income.
- Strategizing for modification or termination when circumstances shift.
- Balancing negotiations with strong courtroom advocacy.
Why It Matters
Spousal support is not one-size-fits-all. A well-prepared case — with clear evidence and strong advocacy — can mean the difference between a fair outcome and financial hardship.
Need Guidance on Spousal Support?
📧 Email
brigette@blackhawklitigation.com
📞 Call
(925) 648-2004
Whether you expect to pay or receive support, we’ll help you understand your rights, your risks, and your options.