What are the different types of spousal support in California?

by | Nov 22, 2021 | Spousal Support

During the divorce process, couples can work through contentious issues like property division, child custody and child support without the need to involve the court. However, most divorcing couples require court intervention when discussing spousal support.

California law outlines how and when alimony payments are made during a divorce. This law gives the court the power to assess each party’s circumstances before deciding the applicable spousal support as well as the amount payable. This law also allows the court to review and modify or terminate alimony payments.

Here are the three kinds of spousal support orders that the court may order in California.

Temporary support

Under California law, the court may award a lesser-earning party temporary spousal support during the divorce period. This type of alimony is common in situations where one party had no source of income while in marriage. The goal of this payment is to ensure that the financially-strained party is not impoverished to the extent of relying on public resources while awaiting the conclusion of the divorce and division of property.

Rehabilitative support

Rehabilitative alimony is awarded to one spouse with the goal of ensuring that they have the resources necessary for acquiring the right skills or work experience they need to become self-sufficient after the divorce. Just like temporary alimony, rehabilitative alimony is temporary and will only last as long as the court finds necessary for the receiving party to acquire the skill or experience they need to find work.

Permanent support

Permanent alimony is meant to last a lifetime or when circumstances change. Permanent alimony is awarded when the court believes that the receiving party cannot become self-supporting due to significant issues like age, lack of employability skills or physical and mental challenges. Permanent alimony can be terminated if either party dies or if the receiving party remarries or enters into cohabitation with another person.

Alimony is gender-neutral, meaning that either spouse can request it from the other. However, it is important that you understand the type of alimony you are eligible for before filing your petition.

*The above is not meant to be legal advice, and every case is different. Feel free to reach out to us at Hoover Krepelka, LLP, if you have any questions. Information contained in this content and website should not be relied on as legal advice. You should consult an attorney for advice on your specific situation. 

Visiting this site or relying on information gleaned from the site does not create an attorney-client relationship. The content on this website is the property of Hoover Krepelka, LLP and may not be used without the written consent thereof.


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