Alimony includes a bonus from variable income. Could / should it be capped to the marital standard of living?

Question

Married for 36 years, supported spouse has not worked for 20 years, has a degree in Engineering but cannot find job. Claims the length of marriage and the loss of carrier due to rising kids entitles her to uncapped bonus added to the fixed support. Please, clarify if variable income from consulting would be treated differently than variable income from full-time job bonus payments.

James L. Arrasmith · Answer

When it comes to alimony and variable income, California courts focus on maintaining the supported spouse's marital standard of living. Variable income, whether from consulting or a full-time job, can be included in support calculations. However, the amount may be capped or adjusted based on what’s considered reasonable to maintain that standard, especially when bonuses or fluctuating income are involved. 
 
The court will look at several factors, including the length of the marriage, the supported spouse’s ability to become self-sufficient, and the sacrifices made, such as putting a career on hold to raise children. In a long-term marriage like yours, the court may be more generous in awarding spousal support. However, this doesn't automatically mean an uncapped bonus will be added. 
 
A judge might cap the support based on the marital standard of living, but it ultimately depends on the specifics of your case. Consulting income, while variable, is still treated similarly to other forms of income, and the key is how it contributes to maintaining a similar standard as during the marriage. Be prepared to present clear financial records and reasonable arguments about what level of support aligns with that standard.

Q: Alimony includes a bonus from variable income. Could / should it be capped to the marital standard of living?