Alimony vs. Spousal Support
Our family law attorneys are often asked if there is a difference between alimony vs. spousal support. The answer is that there is no difference.
California law typically uses the phrase “spousal support” when discussing the financial obligations of one spouse to the other during a separation or divorce. However, the terms “alimony” and “spousal support” are used interchangeably in regular conversation. The terminology can vary by location, with some states also using the term “spousal maintenance.”
This is just one of many misunderstandings about alimony that our lawyers see among clients in and around Beverly Hills. It’s not surprising either—legal issues surrounding divorce, spousal support, and child support are complicated, and most people need a legal professional to provide straightforward answers to these common questions.
The team here at S.L. Pitts would like to explore other common questions and misunderstandings related to spousal support below. If you need more information about ending a marriage, contact our Beverly Hills family law firm today.
What Are the Origins of Alimony?
Providing support to a spouse at the end of a marriage can be traced all the way back to the Code of Hammurabi, a Babylonian legal text from 1755–1750 BC. To be fair, the Code of Hammurabi presented a prototypical version of child support rather than spousal support, requiring men to support women who bore them children if they wished to separate.
More modern conceptions of alimony stem from English ecclesiastical courts, which noted an obligation for husbands to support their wives. At the time, divorce was not permitted, so husbands and wives would be granted divorce a mensa et thoro, something akin to a separation today. Since the marriage technically did not end (like in a modern separation), the husband still had a duty to continue supporting his wife.
Are There Different Kinds of Alimony in California?
Yes. In California there are two kinds of alimony:
- Temporary Spousal Support – This type of spousal support can be awarded as soon as a divorce or separation is filed. It grants payments to the lower-earning spouse before the separation or divorce is finalized.
- Long-Term Spousal Support – Also known as permanent support orders, this is the type of spousal support that is awarded when a separation or divorce is finalized.
We encourage you to browse California Court’s temporary alimony self-help guide and California Court’s long-term alimony self-help guide for additional information on how each of these forms of spousal support work.
How Is Spousal Support Calculated in California?
Judges will weigh a number of factors outlined in California Family Code § 4320 when determining how much spousal support to award. The earning capacity, education, marketable skills, financial standing, and balance of hardships for each spouse will be carefully considered.
When you meet with the Southern California family law attorneys at S.L. Pitts, we can review your financial situation and help calculate what you may owe or may be owed in spousal support. While the calculation is no guarantee of the final amounts—a judge will have the final say—it should provide a helpful perspective about your separation or divorce.
How Long Will I Pay or Receive Alimony in California?
As with the amount due in spousal support, the duration of the spousal support payments will be determined by the judge. Key factors in the duration of alimony payments include:
- The length of the marriage
- The health and wellness of each spouse
- How assets and debts were divided
- If a spouse experienced domestic abuse during the marriage
The lawyers at S.L. Pitts can discuss these matters with you in greater detail as your separation or divorce unfolds. We’ll give you facts and honest guidance throughout the process.
Can Spousal Support Payments Be Adjusted?
Yes. If your financial situation changes or your ex’s financial situation changes, you can request a modification to your alimony payment amount.
Grounds for adjusting alimony payments can vary, though they often involve losing a job, a reduction or interruption in your regular income, a serious medical condition, inheriting assets, major life events, and so forth.
If you seek a modification, you may run into some pushback from your ex. That’s why it’s so important to have a Southern California family law attorney on your side during the process. The team at S.L. Pitts can help argue for the necessity of a modification and advocate for you to have your new financial realities respected.
Is Alimony Part of All Divorces and Separations in California?
No. While the ultimate decision will be up to the courts based on your marriage and the financial situation of both spouses, alimony is not automatically granted as part of a divorce or a separation.
Spousal support is typically an issue in a divorce or separation when there’s a substantial difference in the current education and earning potential of the spouses. This is something our family law attorneys can discuss with you in more detail during the consultation process and as we work on your case.
Can Someone Be Disqualified from Getting Spousal Support in California?
Yes, notably when there is domestic violence or sexual violence in the marriage.
California Family Code 4324.5 states that under certain circumstances, the victim of domestic violence will not have to pay spousal support or attorney fees to the spouse who abused them. This applies when:
- There is a criminal conviction for a violent sexual felony or a domestic violence felony against a spouse by the other spouse
- The petition to end the marriage is within five years of the felony conviction or time served
The above can also affect the division of community property in California, specifically regarding retirement and pension benefits.
In the case of misdemeanor domestic violence convictions, the victim of abuse will likely not have to pay spousal support or attorney fees to their abuser. However, the spouse convicted of misdemeanor domestic violence can still present evidence to the judge about the need for alimony.
If you are a survivor of domestic violence or spousal abuse and you feel it is time to end your marriage, our attorneys can discuss your situation in a confidential and safe consultation. We’re here to offer support and remind you that a better future is possible.
Do I Have to Report Spousal Support on My Income Tax Returns?
Yes, on your California tax returns. As noted in California Court’s self-help guide:
- If you receive alimony, you must report the spousal support payments as income on your California state income tax forms.
- If you pay alimony, you can deduct the spousal support payments on your California state income tax forms.
As for your federal income tax return, you do not have to report any spousal support payments nor can you deduct payments that you made.
If you have any additional questions about how your separation or divorce will affect your taxes in the coming year or years, our lawyers can provide answers so you can plan accordingly.
What’s the Difference Between Spousal Support and Child Support?
As you might have guessed, the main difference involves the person who receives the financial support and what the support is intended for:
- Spousal support is intended to help maintain a standard of living for the lower-earning spouse in the event of a separation or divorce
- Child support is intended to help the the custodial parent of a couple’s child/children cover the costs associated with raising a child
If you and your spouse are separating or ending your marriage in Southern California, our lawyers can discuss these issues in greater detail during a consultation. We also encourage you to read our resource on when child support ends in California for additional information.
Can Someone Owe Both Spousal Support and Child Support?
Yes, this is possible when a number of marriages end.
It really depends on if a household had two incomes during the time of the marriage, the education and earning potential of each spouse, and other factors.
- If both spouses worked and had comparable wages and have agreed to joint custody of their children after a separation or divorce, alimony may not be an issue.
- If one spouse worked and the other spouse was a stay-at-home parent, and the spouse who did not work will primarily be responsible for raising the couple’s children after a divorce, it’s likely that the breadwinner in that household will owe both spousal support and child support.
Every situation varies when it comes to ending a marriage. When you meet with our family law attorneys in Southern California, we can go over the potential for owing both alimony and child support, what that could mean for your finances after marriage, and how to request a modification of your obligations if your financial situation changes.
How Do I Know If I Am Eligible for Spousal Support?
While alimony is not guaranteed in a separation or divorce, there are certain factors that make you more likely to receive spousal support. Ask yourself these questions:
- Were you the lower-earning spouse in the marriage?
- Were you a homemaker or stay-at-home parent?
- Did you give up a career or higher education as part of your marriage?
- What is your earning potential outside of marriage?
These are starting points for a larger discussion about your future when your marriage comes to an end. This is a common issue, and nothing to feel a stigma about. We work with many couples in high-asset complex divorces in Southern California, and in some of these divorces, there may be a substantial financial imbalance between one spouse and the other.
Working together, our lawyers can go over the nature of your marriage and keep an eye toward your present finances, your potential for future earnings, and what this could mean regarding spousal support.
Can I Be Denied Spousal Support Because of a Prenuptial Agreement?
Potentially, yes.
Both prenups and postnups can include language related to the division of property in the event of a divorce as well as alimony. Some prenups and postnups try to reduce the amount that could be owed in spousal support or waive the right to spousal support.
We say potentially because the terms of a prenup or postnup could be disputed in court. Similarly, there are financial hardships and realities that a judge may account for that the prenup or postnup did not.
Can a Lawyer Help with Alimony Disputes?
Yes, most definitely. Whether you are owed alimony or have to pay spousal support, working with a trustworthy family law attorney is imperative.
Your lawyer can walk you through various considerations related to the end of your marriage and your financial situation. Your lawyer will also have your back during contentious disputes about the amount and duration of spousal support payments.
If you need to modify how much you pay in spousal support, your attorney can assist with requesting a modification. If you need help because your ex has not paid spousal support (or child support) for a few months, your attorney can make sure you receive what you are owed.
And while there are many family law firms in Southern California, it’s in your best interests to work with the Beverly Hills-based attorneys here at S.L. Pitts.
How Can S.L. Pitts Help Me with My Family Law Issue?
The team at S.L. Pitts brings decades of experience to every separation or divorce we work on. Founded in 2001, our law firm is proud to serve individuals and couples in Beverly Hills, Bel Air, West Hollywood, and other nearby communities.
There are four common reasons why people the greater Los Angeles area turn to our lawyers for guidance while they’re going through a separation or divorce:
- Our family lawyers will always be honest about your situation
- Our family lawyers will develop creative and collaborative solutions
- Our family lawyers will keep all communication confidential
- Our family lawyers will always focus on the best interests of your child
Contact Our Southern California Attorneys About Alimony and Other Family Law Concerns
Spousal support issues can be contentious, which is why it’s so important to work with family law attorneys you can trust and who understand the nuances of the law. Our team is here to offer our experience, our guidance, and strong advocacy for you and your best interests.
If you have further questions about spousal support, child support, getting divorced, or the division of property when a marriage ends in California, contact S.L. Pitts today.