Factors Considered When Ordering Permanent Spousal Support in California

Threshold Question: Is the goodwill of attributable to a business opened during the marriage a quantifiable and divisible marital asset upon divorce? What is Goodwill? On the broadest level, “goodwill” is the expectation of continued public patronage. See Business and Professions Code § 14100. One court has described goodwill as “the advantage or benefit which is acquired by an establishment beyond the mere value of the capital stock, funds or property therein, in the consequences of public patronage and encouragement it receives from constant or habitual customers, on account of its local position, or common celebrity, or reputation for skill or affluence, or punctuality, or from other accidental circumstances, or necessity, or even from ancient partialities or prejudices.” See Marriage of Lyons (1938) 27 Cal. App. 2d 293, 297-298. Is Goodwill an Asset Which Can be Valued and Divided in a California Divorce? Yes. Incident to the valuation of a business, the court must determine whether goodwill exists. If goodwill exists, the goodwill must be assigned a value and factored into community property division. See Marriage of Greaux & Mermin (2014) 223 Cal. App. 4th 1242, 1251; see also Marriage of Watts (1985) 171 Cal. App. 3d 366, 370-372. How is Goodwill Valued in a Divorce? There is no “rigid and unvarying rules for the determination of the value of goodwill, but have indicated that each case must be determined on its own facts and circumstances.” See Marriage of Foster (1974) 42 Cal. App. 3d 577. While there is no bright line rule for valuing goodwill in a California divorce, courts generally utilize one of two approaches: Market Value Approach: Analysis of what a willing buyer would pay in cash for the community business if it were sold at the time of separation or divorce. Capitalization of Excess Earnings: Analysis of the net income of a professional practice for one year, subtracting of a reasonable salary for a person of comparable experience, and multiply by a number which is usually determined by an expert forensic accountant. In any event, goodwill cannot be valued by any method which takes into account post-marital efforts of either spouse. Where Do You Go From Here? If you are a business owner, or you are the spouse of a business owner, the issue of goodwill either exposes you to liability or gives you negotiating power in division of your estate upon divorce in California. Call one of our Southern California family law attorneys today to set up a consultation and talk about your rights and responsibilities. **DISCLAIMER** THIS INFORMATION IS PROVIDED FOR INFORMATIONAL PURPOSES ONLY. EVERY CASE IS DIFFERENT AND THIS GUIDE SHOULD NOT BE CONSTRUED AS LEGAL ADVICE. THIS ARTICLE DOES NOT CREATE AN ATTORNEY CLIENT RELATIONSHIP BETWEEN THE READER AND ITS AUTHOR. IF YOU HAVE LEGAL QUESTIONS, CONSULT WITH A FAMILY LAW ATTORNEY.

For many people facing divorce in California, alimony is a major concern as it directly affects post-divorce financial stability. Alimony, also called spousal support , is defined as an amount paid from one spouse to the other governed by a court order to help maintain a reasonable standard of living even after separation. This guide is not just about who pays and how much. It explains who may qualify for alimony, how the courts calculate it, when and why it ends, and what happens when someone tries to avoid paying. It also covers key timelines, exceptions, eligibility factors, and enforcement. Understanding Who Qualifies for Alimony in California Courts Not every spouse is automatically entitled to alimony in a California divorce. Courts look at several factors to determine if alimony should be awarded, and if so, for how long and how much. These are the key factors courts consider: Income Differences A significant difference in income is one of the most common reasons for awarding support. If one spouse earns substantially more, alimony can help the other maintain a standard of living that is reasonably established while the marriage is in effect. Length of the Marriage A marriage lasting less than 10 years is considered short-term, and support is usually limited in duration. However, even in marriages as short as two years, temporary support may be awarded during the divorce process if one spouse needs help covering basic living expenses. For longer marriages (10 years or more), support can be ordered for a longer or open-ended period, depending on the overall situation. Contributions to the Marriage Courts also consider non-financial contributions, such as staying home to raise children or supporting the other spouse’s education or career. A non-working spouse may be entitled to support if their role in the marriage affected their ability to build an independent income. Ability to Attain Self-Supporting Status Alimony can be set for a period that allows financial stability even after the the supported spouse has remarried. If someone is capable of earning income but chooses not to work, support can be calculated as if they were earning a reasonable amount based on their skills, experience, and job opportunities. What Can Disqualify a Spouse from Receiving Support A spouse is unlikely to receive support if: Both parties earn similar incomes The requesting spouse has the ability and opportunity to support themselves but refuses to work The marriage was very short, and there’s no significant financial dependency What a Spouse May Receive, And How Long Support Might Last In California, alimony is not determined by gender. It is typically awarded when there is a significant difference in income and one spouse cannot meet basic living expenses after separation. The duration can vary widely, from a set period in some cases to an open-ended arrangement that remains subject to review and adjustment based on future circumstances. Age and Ability to Earn a Living There is no age limit for when alimony stops. Instead, the court looks at whether the supported spouse can realistically return to work. A younger, healthy spouse is often expected to seek employment and work toward financial independence. An older spouse who has been out of the workforce for a long time may receive longer-term support if re-entering the job market is not practical. When Support Ends Alimony generally ends when: The court’s set duration expires The supported spouse remarries Either party dies The supported spouse becomes financially independent A court finds that continued support is no longer justified Support can also be modified or terminated if circumstances change significantly. The Impact of Marriage Duration on Alimony Rights How long a couple has been married can influence both the potential duration of alimony and the way support is reviewed in the future. It can also shape how people misunderstand the rules about dividing property. The 10-Year Rule for Alimony Under California law, a marriage lasting 10 years or more is considered a “long-term” marriage (Family Code §4336). For these, there is often no predetermined end date for support when the divorce is finalized. Instead, the order remains open for future review, and adjustments can be made if there is a significant change in circumstances such as financial self-sufficiency, remarriage, or retirement. This does not guarantee permanent support , but it gives the court ongoing authority to review and modify support, rather than setting an automatic termination date upfront. In shorter marriages (under 10 years), support is generally set for a more limited time frame unless there is a strong reason to extend it. Property Division vs. Alimony Many people confuse the 10-year rule with how property is divided. In California, community property is split 50/50, regardless of how long the couple was married. There is no time-based threshold to qualify for half of everything. If property or assets were acquired during the marriage, they are divided equally in divorce, even if the marriage lasted only a few months. In short, property division is always based on when the assets were acquired, while alimony duration is influenced by the overall relationship length. How California Courts Calculate the Amount of Alimony When calculating alimony, especially after the divorce is finalized, California courts consider the following factors under Family Code Section 4320 : Each spouse’s income and financial resources The court looks at the difference in incomes between the spouses and reviews all sources of funds, including wages, investments, and other assets. The standard of living during the marriage The lifestyle maintained while married is an important factor. Courts aim to provide a level of support that allows both spouses to live in a manner reasonably consistent with that standard, when possible. Payment capacity of the supporting spouse This includes not just current income, but also assets and obligations. The court won’t order support that the paying spouse cannot reasonably afford. The duration of the marriage Longer marriages generally justify longer or higher support. Shorter marriages may result in more limited awards. Contributions to the marriage For example, if one spouse gave up career opportunities or supported the other’s education or career growth, that will be factored in. Other considerations These include age, health, debts, tax impact, childcare responsibilities, and any domestic violence history. Temporary Support Formula (Pre-Judgment) While the divorce is still in process, many California courts use a standard guideline formula to calculate temporary spousal support : Temporary Support = 40% of the higher earner’s net income – 50% of the lower earner’s net income Example: Higher earner’s net income: $8,000/month Lower earner’s net income: $2,000/month 40% of $8,000 = $3,200 50% of $2,000 = $1,000 $3,200 – $1,000 = $2,200 temporary support Disclaimer: This is a general formula used for temporary orders and may vary by county. Judges have discretion to adjust based on the facts of the case. This formula is not used to calculate permanent (post-judgment) support. Post-Judgment Support After the divorce is finalized, the court does not use a formula . Instead, it evaluates all the long-term factors listed above under Family Code Section 4320 to decide what amount, if any, is appropriate going forward. Post-judgment support is more flexible and case-specific. Legal Events That Can End or Modify Alimony Alimony in California is not necessarily permanent. Courts allow support orders to be modified or terminated when certain legal or personal circumstances change. These changes usually happen automatically or require a formal request to the court. Events That Automatically End Alimony Death of Either Spouse Alimony ends immediately if either party dies. Supported Spouse Remarried If the spouse receiving alimony remarries, spousal support automatically ends by law. No court hearing is required. The paying spouse can simply stop making payments as of the date of the remarriage. Events That May Justify Modification or Termination Cohabitation When a person receiving alimony begins to cohabit with a new partner in a romantic, marriage-like relationship, it can create a presumption that financial need has decreased. This is not automatic, but it can be used as grounds to request a reduction or end to support if evidence of cohabitation is provided. Consequential Change in Circumstances Either spouse can ask the court to modify or terminate support if there is a material change, such as: Loss of employment Substantial increase or decrease in income Retirement A serious health condition affecting any means to earn income The supported spouse becomes self-sufficient The court will review whether continued support is still justified based on the original purpose of the order. Does Adultery Affect Alimony in California? Generally, no. California is a no-fault divorce state, which means the court does not consider marital misconduct, such as adultery, when awarding or calculating alimony. A spouse cannot be punished financially for cheating. Exception: If infidelity is connected to domestic violence or significant financial misconduct, such as using shared marital funds to pay for an affair, it can be considered. These situations are rare and require substantial proof. Avoiding Alimony Obligations: Legal Options and Court Enforcement Some people try to avoid paying alimony, whether by using legal strategies or by taking actions the court views as improper. California courts make a clear distinction between lawful methods to reduce or avoid alimony and bad faith behavior intended to dodge financial responsibility. Legal Ways to Limit or Avoid Alimony Spouses can take the following steps before or during a divorce to legally reduce or eliminate future alimony: Prenuptial or postnuptial agreements: These contracts can include clauses waiving or limiting alimony, as long as they are legally valid and not unconscionable at the time of enforcement. Mutual settlement agreements: Spouses can negotiate an alimony buyout or agree to waive support as part of the divorce settlement. Short-term marriages with financial independence: If the marriage was brief and both parties can support themselves, alimony may not be ordered. These are legitimate options that rely on negotiation or proactive planning—not avoidance. Bad Faith Behavior and Its Consequences Courts do not tolerate intentional actions meant to avoid support obligations. Examples of bad faith behavior include: Quitting a job or reducing income deliberately to lower support payments Hiding income or assets Delaying employment when the person is capable of working In an event a spouse voluntarily reduces their income, income can be imputed , meaning it calculates support based on what the person could be earning, not what they actually report. Deliberate actions to reduce payment amounts can also prevent any reduction in the existing order. When Alimony Is Not Paid If a person stops paying court-ordered alimony, the receiving spouse can take legal action to enforce the order. Common enforcement methods include: Wage garnishment: Automatic deductions from the payer’s income to cover the required amount. Liens and levies: Legal claims placed on property or direct withdrawal of funds from bank accounts. Contempt of court: A finding of willful noncompliance that can result in fines or other court-imposed penalties. Accrued interest: Added to any overdue balance, increasing the total amount owed over time. Interest may also accrue on unpaid support, increasing the total owed. The Alimony Timeline The time it takes to settle a divorce in California directly affects when alimony is ordered, modified, or enforced. While the legal minimum for a divorce to be finalized is six months , the actual timeline depends on whether the case is contested or uncontested . Uncontested Divorce (Faster Process) An uncontested divorce is one where both spouses agree on all major issues, including property division, child custody, and alimony. In these cases: The court can finalize the divorce in as little as 6 to 8 months , assuming paperwork is complete and no delays occur. Temporary alimony can be requested and issued early in the process. Final alimony terms are usually included in the marital settlement agreement. Contested Divorce (Slower Process) If spouses disagree on any major issue, the case becomes contested. This often includes disputes over alimony. In contested cases: Divorce can take 12 to 24 months or longer , especially if it goes to trial. Delays often come from financial disclosures, case backlogs, custody evaluations, or prolonged settlement negotiations. Temporary support is often issued early in the process, while permanent support is determined only after the case is resolved through settlement or trial. What Holds Things Up Common delays include: Incomplete or inaccurate financial disclosures Disputes over income or expenses Failure to respond to court deadlines Scheduling conflicts for hearings or mediation To avoid delays, both parties should be proactive in providing financial documentation, attending scheduled court dates, and responding to discovery requests. Final Thoughts Alimony in California is determined by a combination of factors such as income differences, financial needs, and contributions made during the relationship. Support may be temporary or long-term, and while courts aim for fairness, outcomes vary case by case. Enforcement options exist when support isn’t paid, but bad-faith actions to avoid payments can lead to legal consequences. If you’re facing divorce, it’s important to document your finances early and consult a qualified family law attorney , especially if your case involves a long-term marriage or significant income gap. Alimony is not guaranteed, and understanding your rights from the start can help you make informed decisions and avoid costly mistakes.

When it comes to divorce in California, it seems like everyone has a story. The sunshine, the surf, and the Santa Monica Pier provide a picturesque backdrop for what can often be an emotional battlefield – especially when kids are involved. Among the hot topics that come up in discussions about divorce is parental alienation. But is parental alienation real, or is it just a clever excuse for one parent to bad-mouth the other while sipping on a kale smoothie in a yoga class? Let’s dive into this murky water with a humorous twist, shall we? Chapter 1: What is Parental Alienation, Anyway? Parental alienation is a term that gets thrown around more often than a beach ball at a summer BBQ. It generally refers to behavior by one parent that is designed to undermine the child's relationship with the other parent. This could involve bad-mouthing the other parent, making false accusations, or simply making it difficult for the child to spend time with them. In essence, one parent is trying to turn the child into a mini-version of themselves – complete with the same disdain for the ex. But is this a real phenomenon? Or is it just a fancy term cooked up by family lawyers to bill more hours? Well, like a good avocado toast, it’s a bit of both. While some parents may genuinely engage in alienating behaviors, others may simply misunderstand the impact of their actions. So, let’s not throw the baby out with the bathwater, or in this case, the ex out with the kid. Chapter 2: The California Divorce Scene In California, the divorce scene is as vibrant and colorful as a Hollywood red carpet event. You have your high-profile celebrity divorces, your average Jane and Joe separations, and everything in between. The Golden State is known for its “no-fault” divorce law, meaning you don’t need to prove wrongdoing to end a marriage. You simply need to declare that you’ve “irreconcilable differences,” which is basically code for “I can’t stand the way you chew your food.” In this whirlwind of legalese and emotional turmoil, parental alienation can become a hot-button issue. Imagine a couple going through a divorce, both convinced they are the world’s greatest parent. Cue the dramatic music as they argue over whose turn it is to take the kids to soccer practice. Suddenly, one parent starts to plant seeds of doubt in the child’s mind about the other parent’s character. “Did you know Dad forgot to pack your lunch last week? That’s just like him!” Meanwhile, the other parent is busy plotting their next Instagram post about how much they miss their kids. Chapter 3: The Alienation Accusation Once the term “parental alienation” enters the conversation, things can get messy faster than a toddler with a cupcake. Suddenly, what was once a simple disagreement over who gets the last slice of pizza turns into a courtroom drama worthy of an Oscar nomination. The accused parent might find themselves scrambling to prove that they’re not a villain in this story, but rather the misunderstood hero. “Your Honor,” they might plead, “I don’t even own a cape! I just wanted to make sure our child knows the importance of flossing!” It’s easy to see how accusations of parental alienation can spiral out of control. One moment you’re arguing about who left the lights on in the kids’ playroom, and the next you’re facing allegations that you’ve turned the kids against their other parent like some sort of family drama villain. Chapter 4: The Blame Game In the world of divorce, blame is as common as sunglasses at the beach. Each parent feels they are the victim, and the other is the villain. “You’re the reason the kids don’t want to see me!” one might yell, while the other counters with, “Well, you’re the one who forgot to pay for their swimming lessons!” This blame game can lead to accusations of parental alienation, even when one parent is simply trying to make sure their children don’t turn into couch potatoes. “I just want them to know the importance of hard work!” they might say, while the other parent rolls their eyes and mutters something about “working hard” being code for “working them to death.” Chapter 5: The Legal Landscape In California, courts take parental alienation seriously. Judges are often more than willing to listen to claims of one parent trying to turn the kids against the other. In fact, there are even resources available for parents who believe they’re victims of parental alienation. Family law attorneys may suggest therapy or counseling, which can sometimes feel like a last-ditch effort to salvage a relationship that’s already on life support. However, courts also recognize that not every disagreement or complaint from a child constitutes parental alienation. Sometimes, a child might just be having a bad day. “Mom, I don’t want to go to Dad’s this weekend!” could simply mean the child is tired and wants to stay home to binge-watch their favorite show. It’s not necessarily a sign that they’ve been brainwashed. Chapter 6: The Light-Hearted Side of Alienation While parental alienation is a serious issue, it also presents opportunities for some light-hearted humor. After all, if you can’t laugh about your situation, you might just cry. Imagine a parent trying to convince their child that broccoli is the new “it” food while the other parent is sending videos of cake-decorating challenges. The child is caught in the middle, likely confused and wondering why they can’t just have pizza for dinner. Or picture a scenario where one parent is trying to win points by taking the kids to the movies, while the other is determined to show them the joys of nature by dragging them on a hiking trip. The kids are left wondering if they can just run away to a deserted island where they can eat candy and watch cartoons all day. Chapter 7: The Road Ahead In the end, parental alienation is a real issue that can cause significant harm to families. Divorce is hard enough without adding fuel to the fire by pitting one parent against the other. The key is communication and collaboration. Parents should strive to create a positive co-parenting environment for their children, even when things get tough. So, the next time you find yourself in a heated debate over who gets to take the kids to the park, remember: you’re both on the same team. You may not always see eye to eye, but the goal is to raise happy, well-adjusted kids who can navigate the complexities of life – including the occasional divorce drama. Conclusion: The Truth About Parental Alienation In conclusion, parental alienation is indeed a real issue, but it’s not always as clear-cut as it seems. It can stem from misunderstandings, emotional responses, and, yes, sometimes, genuine attempts to protect children from perceived harm. As California parents navigate the choppy waters of divorce, it’s essential to keep the lines of communication open and remember that, at the end of the day, the kids just want to be kids. So, whether you’re sipping a kale smoothie at your local yoga studio or arguing over who forgot to pack the kids’ lunches, remember to keep the humor alive. After all, laughter can be the best medicine – even in the face of parental alienation.