The Basics of Permanent Spousal Support

The mutual duty to support exists in marriage and doesn’t necessarily terminate upon dissolution of the marriage or legal separation of the parties. After dissolution or separation, this duty to support often takes the form of spousal support. Permanent spousal support can be awarded in a judgment of dissolution or legal separation after the evaluation of statutory factors. Moreover, the amount and duration of support will be ordered by the court according to what is just and reasonable under the circumstances, based on the parties’ standard of living established during the marriage and taking into consideration the statutory factors. 

Although it is called permanent spousal support, the actual duration of support is well within the court’s discretion and subject to modification. So permanent support is rarely ‘permanent.’ 

The term spousal support includes a wide variety of financial assistance for necessities such as food, housing, clothing, health, recreation, and vacations. However, it is not limited to everyday living expenses. The court can order the supported spouse to pay for the following items too: 

• Health insurance for the other spouse
• Mortgage payments to the supported spouse or directly to the mortgagor
• Overdue community debts or the support spouse’s future debts
• A life insurance policy with the other spouse as beneficiary
• An annuity or a trust to support the other spouse after the supporting spouse’s death
• The supported spouse’s attorney fees based on need

Temporary Support and Permanent Support: What’s the Difference? 

The purpose of temporary support is merely to preserve the status quo until there are a final judgment and separation of assets. The purpose of permanent spousal support is to provide financial assistance as determined by the parties’ financial circumstances after dissolution and the division of their community property. 

The court considers a variety of statutory factors in permanent support, unlike temporary support, which utilizes local guidelines and a calculation. One factor considered in permanent support is the goal that the supported spouse should be self-supporting within a reasonable period of time. 

The court should not use the amount of temporary support as a basis because of the different considerations in awarding the two kinds of support. In other words, local guidelines meant for temporary support should also not be utilized in computing permanent support. Often, the amount ordered for temporary support is higher than the amount awarded for permanent support. 

Factors That Must Be Considered in Permanent Support

Permanent spousal support is not a mandatory requirement in dissolution proceedings and the court can use its discretion in deciding whether or not permanent spousal support should be awarded. The court will consider the following factors in its decision: 

• The extent to which the earning capacity of each party is sufficient to maintain the standard of living established during the marriage.
• The extent to which the supported party contributed to the attainment of an education, training, a career position, or a license by the supporting party.
• The ability of the supporting party to pay spousal support
• The needs of each party based on the standard of living established during the marriage.
• The obligations and assets, including the separate property, of each party.
• The duration of the marriage.
• The ability of the supported party to engage in gainful employment without unduly interfering with the interests of dependent children in the custody of the party.
• The age and health of the parties.
• All documented evidence of any history of domestic violence
• The immediate and specific tax consequences to each party.
• The balance of the hardships to each party.
• The goal that the supported party shall be self-supporting within a reasonable amount of time. 
• The criminal conviction of an abusive spouse shall be considered in making a reduction or elimination of a spousal support award 
• Any other factors the court determines are just and equitable.

In exercising its discretion, the court must stay within the legal boundaries, taking into consideration the applicable circumstances of the parties, particularly the parties’ reasonable needs and financial abilities.