Temporary support is generally calculated using a formula. When determining long-term spousal support, the court does not rely on a specific  “formula” to calculate support but rather looks at several other factors such as:

Standard of Living – This refers to the couple’s standard of living during their marriage. When determining support, the court will try to balance the right of each spouse to continue to enjoy a similar standard of lifestyle post-divorce as they enjoyed during the marriage.

Earning Capacity: Earning capacity deals not only with what a party is actually earning but also takes into consideration what they “could” be earning as opposed to what they may be actually earning.

Ability to Pay: This considers the parties’ standard of living and the income differential between the parties. Support may be based on how much money one spouse would need to be able to sustain the same lifestyle they enjoyed during the marriage and whether the other spouse can pay that amount.

Self-Sufficiency: Family Code Section 4320 requires the court to consider “that the supported party shall be self-supporting within a reasonable period of time.” This means that the goal of the court is to provide a time-frame of support to allow the support spouse to become self-supporting through job training, continued education, or other measures rather than simply remain reliant on support from their former spouse.

Age and  Health: These are two very important factors that the court will consider when ordering spousal support. For example, if a spouse’s age makes them less employable or inhibits them from being self-sufficient, the court will take that into consideration when making a support order.

Length of Marriage: Generally speaking, courts will require payment of spouse support for a period of one-half of the length of a shorter-term marriage (marriages ten years or less.) Marriages extending beyond 10 years are considered long-term marriages and courts are not inclined to issue a spousal support order with a specified cut-off term.

Education and Profession: Although California courts do not consider a professional degree property of the marriage, an associated business is considered community property. When ordering spousal support, the court will consider any contribution the supported spouse made to the other spouse’s procurement of a professional license or education.

Domestic Violence: In cases where there is a history of domestic violation against a spouse or their children, it can significantly impact a spousal support order. For example, if, during the last five years a spouse has a felony domestic violation conviction, they will be barred from receiving alimony or spouse support. Alternatively, if a spouse has a misdemeanor or domestic violence conviction, there is a rebuttal presumption against awarding spousal support. This does not mean that a convicted spouse won’t receive spousal support in misdemeanor convictions, but they will need to overcome the presumption and convince the court why they should receive support.

Associated Tax Consequences: Since spousal support is tax-deductible by the payor and taxable to the payee, the tax implications of spousal support are taken into account.

Financial Hardship: With the goal of trying to have each spouse continue to enjoy a similar standard of lifestyle post-divorce as they enjoyed during the marriage, this can be a difficult balancing act. The court will carefully weigh the balance of any hardship that may be experienced by each spouse.

Other Factors: Courts have other leeway in considering any other additional facts they may feel are relevant in making a spousal support order.