Spousal Support and Domestic Partner Support (aka. Alimony)
Key Terms
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Support of the spouse of the obligor. Spousal Support is a recurring payment from one spouse to another spouse. The Family Code provides for temporary spousal support (i.e., spousal support ordered before a final judgment is entered), and for permanent spousal support (i.e., spousal support ordered as part of a final judgment).
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An Income Withholding Order is a federally standardized form and process used to collect support payments by withholding income not just from wages but also from other types of income (like disability benefits, pensions, or independent contractor payments). In California, it’s typically issued alongside an Earnings Assignment Order in cases involving child support.
Earnings Assignment Order: A court order that makes an employer take support payments out of a spouse's paycheck and send it to the other spouse or the state.
Income Withholding Order: A legal form that tells employers (and sometimes other payers) to take support money out of someone’s income and send it where it's owed.
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Support Obligee
The person, state agency, or institution owed a debt (usually money) like spousal support.
Support Obligor
The person that must pay spousal support or perform some other financial obligation.
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Family Code section 92 defines family support as, “an agreement between the parents, or an order or judgment, that combines child support and spousal support without designating the amount to be paid for child support and the amount to be paid for spousal support.”
Spousal Support
This video offers a basic overview of how petitioners can request spousal or domestic partner support (aka. alimony) within the context of a Domestic Violence Restraining Order (DVRO). It outlines the critical information and conditions that the court considers in determining suitable support amounts.
Note, the court's initial decisions on temporary support orders may lead to further evaluation and potential adjustments during the final hearing for a permanent restraining order.
Key California Support Statutes (Law)
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Spousal Support (Family Code section 142)
This section defines “spousal support.” Spousal Support is a recurring payment from one spouse to another spouse. The Family Code provides for temporary spousal support (i.e., spousal support ordered before a final judgment is entered), and for permanent spousal support (i.e., spousal support ordered as part of a final judgment).
Temporary Support (Family Code section 3600)
Section 3600 defines temporary spousal support and child support.
Retroactive Support Orders (Family Code section 3653)
In cases of requests to modify or terminate support, Family Law courts have the power to make any such orders retroactive to the date of filing the request, or to other dates specified by this statute.
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Definition of Gross Income
California Family Code section 4058 defines “gross income” for purposes of determining both child and spousal support. It identifies the various types of income that comprise “gross income.”
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Judgment Spousal Support Factors (aka. 4320 Factors)
Section 4320 identifies the multiple factors that the court must consider ordering spousal support.
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Family Code section 4301 states that a person shall support the person’s spouse while they are living together out of the separate property of the person when there is no community property or quasi-community property.
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Family Code section 4323 states that there is a statutory presumption of a reduced need for spousal support when the support recipient is residing with another person in a romantic relationship.
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Family Code section 4325 identifies the circumstances under which a court may deny spousal support to a spouse who has committed domestic violence, and how attorney’s fees and community property may be awarded in such cases.
FREE California Judicial Council Forms (Court Forms)
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FL-150: The Income and Expense Declaration is a financial disclosure document that asks spouses for their employment, education, income, and expense information. Spouses must disclose all of this information to one another alongside their 2 most recent tax returns so that the court can make any necessary determinations of child and/or spousal support (alimony).
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FL-157: In divorce cases involving long-term marriages (10+ years), spouses must fill out this form with information detailing their “marital standard of living” (i.e., the lifestyle enjoyed by both spouses during the marriage). This includes information regarding each spouse’s age and health, earning capacity, education and training, financial needs, the standard of living, expenses, assets and debts, and tax consequences.
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FL-195: If the judge orders child or spousal support, he or she may issue an earnings assignment order (aka, a wage assignment or income withholding for support order). This is a form that tells an employer how much money to deduct from an employee’s paycheck every month and where to send the payment to fulfill court-ordered support obligations.
In other words, if the party ordered to pay support is regularly employed, the employer will take support payments directly out of his or her paycheck. Most support is paid this way, and federal and state laws require it in almost all child support cases. It is the employer's responsibility to withhold the wages if there is a wage assignment. If the party ordered to pay support has other wage assignments in place, child support is deducted first, before other withholding orders. Spousal or partner support assignments come after child support wage assignments.
