Alimony in California

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In the event of a divorce, if either spouse does not have a separate estate, or if a spouse's assets are not sufficient to offer a means of support, a judge might order alimony, which is also known as spousal support. Alimony is a financial allowance paid periodically by one spouse to another. The purpose of alimony is to offset any unfair economic effects of a divorce by providing a continuing income to the non-wage earning or lower-wage earning spouse. 

 

To be eligible for alimony, spouses in all states must have been legally married. Alimony is usually based on a settlement agreement made between the spouses or the discretion of a judge. In most states, alimony awards lack the enforcement power that child support orders have, which include wage garnishment and property liens. Recipient spouses do have the option of returning to court to force payment through a contempt action.

 

There are four types of alimony: lump-sum, rehabilitative, temporary, and permanent. Lump sum alimony is calculated by the court, and is usually made in one payment. Temporary alimony may be paid for a specific amount of time, usually one or two years, to help one partner become financially independent and “get back on their feet.” Rehabilitative is the most commonly awarded type of alimony and may include payments for the education necessary for the recipient spouse to become self-sufficient. Permanent alimony is paid regularly for an indefinite period of time or until the payee petitions the court to modify or discontinue the payments.

 

California courts sometimes order temporary spousal support while the divorce is pending. Most spousal support is ordered for a specific length of time. Once ordered, spousal support can be modified only by a showing of a "change in circumstances." In most states, including California, remarriage of the recipient spouse will typically terminate alimony.

 

The type and amount of alimony awarded depends on a variety of factors.  Many states base their alimony award guidelines on the federal Uniform Marriage and Divorce Act, which recommends that courts consider certain factors when awarding alimony, including the age, physical condition, emotional state, and financial condition of the former spouses; the length of time the recipient would need for education or training to become self-sufficient; the couple's standard of living during the marriage; the length of the marriage; and the ability of the payer spouse to support the recipient and still support himself or herself.

 

According to lawyers.com, California courts consider the following factors when awarding alimony:

 

  • The standard of living established during the marriage
  • The duration of the marriage
  • The needs of each party
  • The financial resources and liabilities of each party
  • The impact on the children of having the care-giving spouse working
  • The contribution of each party to domestic duties and the education and career building of the other party
  • Any tax consequences
  • All sources of income available to either party

For more information regarding spousal support in the state of California, go to California Courts Self-Help Center.