Alimony (also called spousal support) is a word that is on the tip of many tongues when someone mentions a divorce—especially in California. So, it might surprise you to know that alimony is not automatically awarded in every divorce granted in The Golden State. However, you may receive alimony if you can prove your need and the standard of living you had during your marriage.
Read on for more information about how alimony in California works. And for help with alimony and other matters in your divorce case, speak to one of our experienced divorce attorneys at Pakpour Banks LLP. We treasure our relationships with our clients and work hard to make sure they get the best out of their cases.
What Is Alimony For?
Married couples tend to lean on each other financially, so a divorce can cause a significant loss of economic stability for each spouse. The loss of stability can be especially disruptive for a spouse who did not have gainful employment during the marriage. In light of these economic realities, alimony in California is a way to help a receiving spouse become self-sufficient after their divorce. Alimony is also a way for a spouse to maintain the same standard of living after their divorce.
How Does the Court Decide Who Gets Spousal Support?
California law allows a divorce court to award spousal support to a requesting spouse based on the standard of living they had while they were still married. When deciding whether to award support, divorce courts look at the following factors:
- The ability of a spouse to make support payments,
- The assets that each spouse has,
- The balance of hardships between the spouses,
- The health and age of each spouse,
- The tax implications of a support order,
- Debts and financial obligations that each spouse has,
- Any contributions the requesting spouse made to their spouse’s professional advancement,
- The marketable skills and earning capacity of the requesting spouse,
- The needs of each spouse in light of the standard of living they had during their marriage,
- The requesting spouse’s ability to engage in gainful employment without hurting the best interests of a child over whom they have custody rights and obligations,
- Any history of domestic violence committed by either spouse,
- How long it may take for the requesting spouse to become self-supporting, and
- How long the marriage lasted.
Ultimately, alimony determinations are based on what is just and equitable in each couple’s case. And a spouse who does not have many financial resources or job prospects is more likely to receive alimony in the California court system.
Spouses who don’t want to leave the decision up to the court’s analysis can agree beforehand to a spousal support settlement. For the court to enforce this type of agreement, the agreement must be entered into with mutual consent.
Is Anyone Excluded from Receiving Alimony?
In general, yes. Individuals convicted of certain violent crimes against their spouse typically cannot receive alimony. Courts may also deny support to non-custodial parents or spouses who have enough separate or community property to support themselves.
How Long Does Alimony Last?
The duration of your alimony payments depends on the type of alimony order you receive and the specific facts of your case. There are temporary and permanent alimony orders, and the duration of your marriage can have a significant impact on the duration of your right to receive payments.
Temporary Alimony Orders
The court may order one spouse to pay support to the other while a divorce is still pending. The court makes these orders according to what it deems necessary. These support provisions last until the divorce is final, but the receiving spouse might receive permanent support orders in the final divorce decree.
Permanent Alimony Orders
In general, spousal support is supposed to last until the receiving spouse becomes self-sufficient. In a short-term marriage, the court often gives the receiving spouse an amount of time equal to half the length of their marriage to become self-supporting. However, depending on the factors we listed above, the court might shorten or lengthen the duration of a spouse’s alimony rights. Also, a spouse who was in a marriage for 10 years or more may have a right to alimony indefinitely. A spouse might be entitled to spousal support until they start living with a different partner or until either spouse passes away.
How to Calculate Alimony in California
The court calculates support according to:
- The requesting spouse’s needs and abilities,
- The requesting spouse’s contributions to the paying spouse’s education and professional life,
- The standard of living the spouses had during the marriage,
- Each spouse’s financial resources,
- The paying spouse’s ability to pay, and
- Other factors relevant to the equitableness and justness of the order.
If the county where you file for divorce follows the Santa Clara rule (this includes Yolo County), your support order might demand payments equal to 40% of the paying spouse’s net income minus 50% of the receiving spouse’s net income. And if you request alimony, you may have to submit to a vocational evaluation to determine your post-divorce employment prospects.
Can Alimony Be Modified?
Yes. The court may modify a support order when there is a change in circumstances. A relevant change could include:
- A receiving spouse’s cohabitation with a new partner,
- A spouse’s change in employment status,
- A spouse’s change in income, or
- A spouse’s deployment for military purposes.
Whether you are seeking to establish new support orders or to change them, we can obtain the evidence and make the arguments necessary to get you the best results in court.
We Provide the Best Legal Support
At Pakpour Banks LLP, our attorneys have more than two decades of combined experience. And our advocacy has won awards from the legal community and top ratings from our clients. We strive to develop the best working relationships with our clients, and we are here to help you. Please contact us online or call us to schedule an appointment.
Brian enters the family law profession with a refreshing approach to these proceedings: heal families; don’t destroy them. In some cases, this means the family is going to look different than it did before. In other cases, this means a new family is created where there was none before. Either way, individuals should leave family court knowing their voices were heard, and with healthy attitudes about themselves and those they love.