Spousal support is set out in California Family Code Sections 4320-4326 and 4330-4339. These sections outline how courts may order support and under what circumstances. Courts often use what is known as a “guideline formula” when calculating both child and spousal support. This formula is based on several factors, including the net income of both parties and the parties’ needs and ability to pay. The court will look at the individual parties’ monthly income and expenses, education and earning capacity, and standard of living.  Let’s look at two different calculations, the first using needs/ability and the second using a calculation formula.

Example using needs/ability to pay:

Needs: The net income of one spouse is $3200 a month but their expenses are $4000. They need $800 to make ends meet.

Ability to Pay: The other spouse’s income is $4800.00 per month but their expenses are $3800.00 per month. That spouse has the ability to pay support.

Decision: The judge might order the spouse with the ability to pay the additional $800 their spouse requires for temporary support.

Calculation of support using a common formula:

Monthly support = 40% higher earner’s net monthly income less (minus)  50% of the lower earner’s net monthly income.

Spouse 1 net Income = $6500 per month

Spouse 2 net income  = $4500 per month

40% of $6500 = $2600

50% of $4500 = $2250

$2600 – $2250 = $350.00

Spouse 1 will pay $350.00 per month spousal support to Spouse 2