California Temporary Spousal Support Calculator
This calculator provides an estimate of temporary spousal support in California, often referred to as "guideline" support. It uses a simplified formula similar to those employed by courts for temporary orders, which typically involves a percentage of the higher earner's net disposable income minus a percentage of the lower earner's net disposable income.
Important: This calculator is for informational purposes only and does not constitute legal advice. Final spousal support orders, especially for long-term marriages, are determined by a judge considering many factors under California Family Code 4320, which are not accounted for in this simplified temporary guideline calculation. Consult with a qualified family law attorney for advice specific to your situation.
This is the higher earner's monthly income after taxes, mandatory deductions (health insurance, union dues, mandatory retirement), and any child support paid or received.
This is the lower earner's monthly income after taxes, mandatory deductions, and any child support paid or received.
Estimated Temporary Spousal Support:
Understanding California Spousal Support
Spousal support, often called alimony, is financial assistance paid by one spouse to the other after a divorce or legal separation. In California, spousal support is divided into two main categories: temporary and long-term (or permanent) support.
Temporary Spousal Support
Temporary spousal support is ordered by the court to maintain the financial status quo of both parties while the divorce proceedings are ongoing. Its primary purpose is to ensure that the lower-earning spouse can meet their financial needs during the often lengthy divorce process. Courts typically use a guideline formula, often derived from software like DissoMaster or XSpouse, to calculate temporary support. This calculator uses a common simplified version of such a formula.
The formula generally takes into account the net disposable income of both parties. "Net disposable income" refers to income after taxes and mandatory deductions (such as health insurance premiums, mandatory retirement contributions, and union dues). Crucially, if child support is also being ordered, child support is typically calculated first, and the net incomes are adjusted accordingly before spousal support is determined.
Long-Term Spousal Support (Family Code 4320 Factors)
Unlike temporary support, long-term spousal support is determined at the end of the divorce process and is not based on a strict formula. Instead, California Family Code Section 4320 mandates that judges consider a comprehensive list of factors to ensure a fair and equitable outcome. These factors include, but are not limited to:
- The marketable skills of the supported spouse and the job market for those skills.
- The time and expense required for the supported spouse to acquire education, training, or experience to find appropriate employment.
- The extent to which the supported spouse's earning capacity is impaired by periods of unemployment incurred during the marriage to devote time to domestic duties.
- The supporting spouse's ability to pay spousal support.
- The needs of each party based on the standard of living established during the marriage.
- The obligations and assets, including the separate property, of each party.
- The duration of the marriage.
- The ability of the supported spouse to engage in gainful employment without unduly interfering with the interests of dependent children in the care of the spouse.
- The age and health of the parties.
- Documented history of domestic violence.
- The tax consequences to each party.
- The balance of the hardships to each party.
- Any other factors the court deems just and equitable.
For marriages of "long duration" (typically 10 years or more), the court generally retains jurisdiction over spousal support indefinitely, meaning support can be modified or terminated in the future based on changed circumstances.
How This Calculator Works (Simplified Guideline)
This calculator estimates temporary spousal support using a common guideline approach: it takes 40% of the higher earner's net monthly income and subtracts 50% of the lower earner's net monthly income. The result is the estimated amount the higher earner would pay to the lower earner. If the calculation yields a negative number, it suggests that based on this formula, no temporary spousal support would be ordered from the higher earner to the lower earner.
Disclaimer
This calculator provides a simplified estimate for temporary spousal support based on common guidelines. It does not account for all complexities, such as specific tax deductions, varying local court rules, or the detailed factors considered for long-term support. It is not a substitute for legal advice from a qualified California family law attorney. Always consult with a legal professional for accurate information and guidance regarding your specific situation.