The differences between temporary and permanent spousal support

Spousal support is a very hateful subject to those dissolving their marriage or partnership.  I believe it’s number one, followed by the dreaded law of having to pay child support.  However, most appreciate the obligation to provide for their children, so they are willing to accept that. They are not so willing when they realize that they might have to pay spousal support to someone they just want out of their lives.  Maybe understanding a little bit of the differences between the types of spousal support might resolve this mental conflict (at least little).

First, understand that spousal support is not automatic. Which means that not all divorces have to pay spousal support.  However the law in California presumes that a marriage that is 10 years or more should be paying spousal support to the spouse who may need it. That consideration is part of what is called permanent spousal support.

The California Family Code section 4320 lists about 13 to 14 factors/criterias for the court to be able to analyze whether a spouse is entitled to permanent spousal support and for what length of time. In addition, it is presumed that paying spousal support may be permanent or long term for a marriage of ten years or more.  If it’s less than 10 years, your obligation may be for half the length of marriage. Again these are just guidelines.

There is also temporary spousal support. Typically this is given to provide support for a short limited of time, usually requested when you initiate a dissolution proceeding. The purpose of temporary spousal support is essentially to maintain the status quo for the duration of the divorce.  Just because you may have to pay temporary spousal support does not mean you will end up paying permanent support.

Temporary spousal support and permanent spousal support are based on completely different set of laws.  Temporary support is determined simply based on need of the supported spouse and ability to pay of the supporting spouse. Because permanent support is based on those 13 or so factors, it is usually determined by going to trial.  In a trial, you explain to the court your standard of living during your marriage.  The court hears both parties and then renders their decision.  The ruling will typically address if permanent support is warranted or not, the length of support to be paid, and the amount to pay.  Unlike temporary support, where you can determine a guideline amount by plugging in the parties’ income and expenses in a support calculator, permanent support cannot be determined that way (although such calculations can be used for the starting guideline in negotiations).