Spousal support is typically assigned when there is a significant wealth discrepancy between two people. This can create financial hardship for one spouse after the divorce, especially if they have limited ability to re-enter the workforce and are counting on their spouse for financial support. Alimony payments provide financial assistance to help them adjust to the end of the marriage.
Generally, the court assigns spousal support during the divorce proceedings, along with decisions regarding child custody, child support and property division. However, in California, the court can use an alternative tactic known as reserve spousal support.
Support in the future
Reserve spousal support means the court has decided not to order alimony payments at the time of the divorce. At this point, the higher-earning spouse owes their ex nothing, and the support order is set at zero dollars.
However, by reserving spousal support, the court leaves the option open to increase this amount in the future. If it becomes clear that one spouse does need financial support after the divorce, the court can revisit and modify the support order as needed.
It’s crucial to understand the difference between reserve spousal support and the absence of a spousal support order. In both cases, the higher-earning spouse may initially avoid making any alimony payments. However, with reserve support, the higher-earning spouse should be aware of the potential for change and understand the circumstances under which the court might reassess the order.
Navigating complex divorces
This type of spousal support arrangement can make a divorce more complex from both a legal and financial perspective. Those involved should ensure they understand the process and know the steps they need to take.