Pendente Lite and Permanent Spousal Support
A Frequently Contested Issue
In our experience, spousal support tends to be one of the most hotly disputed issues in a divorce. When one spouse earned significantly more during the marriage, we often see the lower-earning spouse argue that support is necessary to maintain the standard of living established during the marriage. We find this need is typically even more pronounced for a stay-at-home spouse, whose time away from the workforce raising children can create a substantial earning gap.
The Duty of Mutual Support
We explain to clients that in California, spouses and registered domestic partners who live together generally owe each other a duty of mutual support. This obligation cannot be waived or contracted away while the couple continues to live together. We can help address support through a premarital agreement, but only if it satisfies strict statutory and enforceability requirements.
We can also bring an action on behalf of a spouse or domestic partner to enforce this duty of support even while the marriage or partnership remains intact.
Requesting Support While a Divorce is Pending
We often file a request for temporary support as soon as a dissolution case begins, frequently alongside or shortly after the initial petition.
We explain that temporary support is designed to preserve the marital standard of living while the case is pending. Courts aren't required to weigh the Family Code Section 4320 factors at this stage, though they may. Instead, we find temporary support is largely a matter of judicial discretion, generally based on need and ability to pay, and we often see it calculated using standardized guideline software such as DissoMaster.
Determining Permanent Support
The Section 4320 Standard — We approach permanent spousal support differently. Courts must consider and weigh the full set of factors under Family Code Section 4320, and we make sure not to rely on to Xspouse-style guideline calculations at this stage, since doing so is considered an abuse of discretion.
Tailoring the Argument to Each Case — Because every case is different, we tailor our argument to how the court weighs these factors given the specific circumstances involved.
The Marital Standard of Living — We treat the marital standard of living, understood broadly as the couple's general station in life, as a reference point rather than a rigid target, and we present it alongside each spouse's earning capacity.
Establishing Earning Capacity — When a spouse isn't working, or is working below their capacity, we can request a vocational examination to help establish that capacity.
Grounding Need in Actual Expenses — We also focus heavily on need, but we make sure the court doesn't evaluate our client's claimed expenses in isolation. We build our case around actual marital expenses rather than a wish list of proposed costs, and our weigh that need against all the other relevant factors.
The Ultimate Goal of Self-Sufficiency
We remind clients that spousal support is designed to be temporary rather than permanent. The supported spouse is expected to become self-sufficient within a reasonable timeframe, which we generally explain as roughly half the length of the marriage, except in marriages lasting 10 years or longer. Courts retain discretion to shorten or lengthen this period based on the circumstances.
In longer marriages, we still work toward the goal of self-sufficiency, but we explain that the timeline can extend much further, potentially indefinitely, where appropriate.
We make sure clients understand that the length of the marriage affects both whether support is warranted and how long it lasts.
For marriages of 10 years or more, we know courts cannot terminate jurisdiction over spousal support unless both parties agree to do so, and we've handled shorter marriages that still qualified as "long duration" depending on the surrounding facts.
Importantly, we never let a court use a temporary support amount as a starting point when setting permanent support, nor can the court rely on guideline calculators at that stage.
We make sure permanent support is evaluated fresh, based entirely on the Section 4320 factors.
Domestic Violence and Eligibility for Support
We stay current on how California's approach to domestic violence and spousal support eligibility changed in 2019. Previously, a conviction for sexual domestic violence barred a spouse from receiving support outright, while non-sexual domestic violence convictions created only a rebuttable presumption against it.
Under current law, we explain to clients that:
A felony domestic violence conviction, sexual or otherwise, disqualifies a spouse from receiving spousal support
A misdemeanor domestic violence conviction creates a rebuttable presumption against awarding support
Support Within a DVPA Restraining Order Case
We can pursue spousal support through a Domestic Violence Prevention Act proceeding as another route, even without a pending divorce case, and we can request support before the court formally determines that abuse occurred. However, we can't seek support on behalf of the responding party in a DVPA case; if our client is the respondent and wants support, we have to file a separate action for dissolution, nullity, or legal separation. In default proceedings, we know the court can only order spousal support if we specifically requested it in the petition.
The Role of Fault in Support Decisions
A spouse convicted of attempting to murder their spouse cannot receive support.
A spouse convicted of a violent sexual felony cannot receive support.
A rebuttable presumption against support applies to a spouse convicted of domestic violence against a spouse or child.
The paying spouse is deliberately earning below their capacity.
The requesting spouse hasn't made a genuine, good-faith effort toward self-sufficiency.
The requesting spouse has mismanaged assets capable of generating income.
A custodial parent has interfered with the other parent's court-ordered visitation rights in an international relocation case.
There is a documented history of domestic violence or a related criminal conviction.
Your Consultation Awaits
Contact Us, an experienced Long Beach, CA, Santa Monica Lawyers spousal support lawyer, for a free consultation at (310) 740-0716 and (562) 533-0806.