How Spousal Support Negotiation Protects Your Income

Cage and Miles helps clients protect income and reach fair support terms with attorney-led documentation, clear strategy, and settlement advocacy.

Spousal support — often called alimony — is a court-ordered payment from one spouse to the other pursuant to a divorce. In California, the purpose of spousal support is to help the supported spouse maintain a lifestyle reasonably consistent with the marital standard of living.  The law is gender neutral -- either spouse may be entitled to receive support, depending on the financial circumstances of the case.  Do You Have to Pay Alimony if Your Spouse Cheats?

Support orders can shape your financial future for years, sometimes decades. Decisions made early in a divorce case often set the foundation for long-term obligations, and mistakes caused by misunderstandings, incomplete information, or rushed agreements can be extremely difficult and costly to correct later. To advocate effectively you need a lawyer who has a clear legal strategy to ensure support arrangements are fair, sustainable, and compliant with California law.

Spousal support disputes often center on whether support should be awarded, how much should be paid, and how long payments should be made. These disagreements are especially common in long-term marriages or when one spouse has significantly higher earning capacity.  So, it is not surprising that one of the first things divorcing parties want to know is how much spousal support they should expect to receive or pay. However, in contrast with the mandatory guidelines for child support, there is no state mandated formula that attorneys can use to calculate a spousal support order. Unlike child support, which exists to meet a child’s needs, spousal support is intended to help a former spouse transition financially after the end of a marriage. What’s the Difference Between Spousal and Child Support?

Temporary v. Permanent Support

At the beginning of the case, to maintain the status quo of the parties while they go through the divorce, spousal support is generally set at a relatively higher amount on a temporary basis. Conversely, final spousal support awards are termed “permanent” and are based on a set of factors weighed by the court under Family Code §4320.  Different judges may make different orders based on the same set of facts, Spousal Support, but they must always evaluate the nine factors under California Family Code §4320,including but not limited to:

• The duration of the marriage Bill and Melinda Gates’ Divorce: Long-Term Marriage
• The marital standard of living ;
• Each party’s earning capacity, ability to pay and financial needs;
• The age and health of both parties;
• The education and training of each party and whether one contributed to the career advancement of the other;
• Whether the supported spouse has made good-faith efforts to become self-supporting;

• Documented Evidence of Domestic Violence

• Tax consequences; and

• The assets and obligations of each spouse.

You need an attorney who is adept in assessing and applying all these factors and who can build your thorough and concise income and expense analysis. That includes an understanding of how to assess self-employment, bonuses, RSUs, and hidden income; the tax treatment of support (which was dramatically changed in 2019); and a spouse's ability or inability to increase their earning capacity (which can impact support for years). While spousal support is intended to help the lower or non-earning spouse until that spouse can reach the same or similar level of the marital standard of living, this does not mean that they don’t have to make efforts to become self-supporting as circumstances change. Gavron Warnings for Spousal Support

It is advantageous for your attorney to be open to mediation and settlement when feasible.  But if mediation breaks down, alternative legal strategies may be required to move the case forward. Understanding when to continue negotiating and when to pursue court intervention, can make a significant difference in the outcome of a divorce.

If negotiations stall because parties cannot compromise, financial disclosures are incomplete, or power imbalances exist, such that settlement becomes unfair, then you need an attorney who has trial experience. This is important because firms emphasizing both negotiation/mediation and litigation are often better positioned to achieve favorable outcomes.

And regardless of the outcome, even “permanent” support canbe modified or terminated in the future if there's a decreased need for thereceiving spouse, or a detrimental change in circumstances for the otherspouse's ability to pay. Any change in the amount of spousal support would bemade via a “modification” based on changed circumstances. Termination of Spousal Support” and “How to Request a Spousal Support Modification in California

At Cage & Miles we have a wealth of experience in preparing, analyzing, negotiating and litigating spousal support issues. Contact Cage & Miles today to schedule a consultation and have our knowledgeable attorneys thoroughly advise you on the best next steps during this difficult time. With offices in San Diego, Riverside and Los Angeles, we are positioned to represent you anywhere in California!

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