Spousal support and child support are both forms of financial assistance where one spouse may be required to pay the other.
However, they serve different purposes and are determined based on distinct legal principles.
Here’s the rundown on the differences between spousal support and child support, and how they impact your prenuptial agreement.
Spousal Support, Defined
Spousal support, also known as alimony, is a court-ordered payment one spouse makes to the other after a divorce.
Spousal support is designed to help the lower-earning spouse maintain a standard of living similar to that during the marriage.
California has two common types of spousal support: temporary and permanent. Temporary spousal support is ordered during the pendency of the divorce proceedings, while permanent spousal support is ordered at the time of trial or judgment when the case is finalized.
The amount and duration of spousal support depends on factors set forth in Family Code section 4320, such as the length of the marriage, the financial disparity between spouses, and each person’s ability to earn income.
Child Support, Defined
Child support typically involves a non-custodial parent (the parent who does not have primary custody of the child) making a payment to the custodial parent for the upbringing and care of their children. However, even if both parents have equal time with their child, the higher-income earner will most likely still have to pay child support to the other parent.
The goal of child support is to ensure that children continue to receive the financial support necessary for their well-being, including housing, food, education, and healthcare.
Child support is typically determined based on state guidelines, considering factors such as each parent’s income, custody arrangement, and the child’s needs.
Key Differences Between Spousal Support and Child Support
Feature |
Spousal Support |
Child Support |
|---|---|---|
Purpose |
Financial support for a former spouse |
Financial support for children |
Who Receives It? |
Ex-spouse |
Custodial parent for child’s benefit |
Who Typically Pays? |
Higher-earning spouse (with certain exceptions) |
Non-custodial parent and/or higher-earning parent |
How is it Determined? |
Based on factors such as marriage duration, income disparity, and need per California Family Code 4320 |
Based on state guidelines, parental income, and custody arrangement |
Can It Be Modified? |
Yes, if financial circumstances change |
Yes, if there is a change in circumstances regarding parental income or child’s needs |
Ends When |
Recipient remarries, dies, or per court order |
Child reaches reaches 18 years of age, or graduates high school, whichever is sooner |
How Spousal Support and Child Support Impact Your Prenup
Prenuptial agreements can address spousal support but cannot predetermine child support.
Here’s how this plays out:
Spousal Support and Prenuptial Agreements
A prenup may include clauses that explicitly waive, establish guidelines for, or set limits on spousal support.
Many couples use prenups to establish whether spousal support will be awarded, for how long, and under what conditions. Setting these guidelines has several benefits, such as avoiding unnecessary stress and drama during the divorce process.
Courts generally enforce such agreements as long as they are fair and voluntarily entered into by both parties.
Child Support and Prenuptial Agreements
Child support is considered a right of the child, not the parents, meaning it cannot be predetermined or waived in a prenup.
Courts always have the final say on child support matters, ensuring that any agreement aligns with the child’s best interests.
Key Takeaways
While both spousal support and child support involve financial payments after a divorce, they serve different purposes and are governed by different rules.
If you’re considering a prenup, book a consultation call with me today. I’m happy to walk you through the various clauses that will facilitate a smooth start to your marriage, including spousal support.