What Disqualifies a Person from Alimony?

Divorces in California could be a high-stakes situation, where the decisions made can impact you for a long time. Whether contentious or amicable, you must plan your life after the dissolution of marriage. In this respect, it is vital to understand the legal framework around divorce. 

Alimony, or spousal support, is a key that may be disputed by both parties to a divorce. There are also grounds on which a person may be denied or disqualified from receiving alimony. In this blog, we will discuss alimony and how it is awarded after a California divorce.

Overview of Alimony in California 

Alimony is the legal obligation of one party to make regular payments to the other to support their standard of living. After divorce, both parties may not be on a similar level, financially. Alimony helps the lower-earning ex-spouse to receive financial aid from the higher-earning ex-spouse. 

California law aims to protect the lower-earning spouse to enjoy the same standard of living as their partner. This ensures both divorcees have a similar lifestyle as they had prior to divorce when they were together. 

An important point of note here is that spousal support payments differ from child support payments. While alimony helps spouses, child support is dedicated to providing for the child's upbringing. While alimony isn't a natural part of the divorce agreement, both parents have the legal and moral duty to financially support their children. Not all divorce cases involve alimony, but child support is exempted in very special circumstances.

Who can Receive Alimony?

In California, child support follows a clearly established formula to ensure the child's upbringing & well-being. But, the decision of whether or not to award alimony solely rests on the judge's discretion. The amount of alimony is also in the judge's discretionary powers. 

Several factors influence the judge's decision. The court may conclude who is qualified (or disqualified) from receiving spousal support. Factors affecting alimony in California are:

· Standard of Living

This is the foremost factor for alimony. The judge will consider whether both separating parties can maintain a standard of living similar to what they had while living together. Especially in cases involving children where both parties have joint custody, the court will want both to be financially healthy. 

· Duration of Marriage

There is no set rule as to how long a marriage should last for the court to award alimony, but long-standing, established marriages have a better chance of seeking alimony than shorter ones. 

· Financial Capacity

The financial capacity of both parties is also critically important in the decision to award alimony. It pertains to how well-off both spouses will be after separation. At least one party must have the capacity to support the other over their own expenses. Similarly, one ex-spouse must have the need for extra income post-divorce. 

· Ability to Find Employment

The court will also consider whether one party has any kind of incapacity or issues that keep them from securing stable employment. An ex-spouse who cannot find employment due to any reason has a better chance of obtaining alimony. 

· Household Contributions

Partners who have actively contributed to the household during their marriage are likely to receive alimony. These contributions may include home repairs/renovations, contributions to the other's education or career, time spent away to raise kids, etc. 

· New Relationship 

A new relationship with a person after divorce may disqualify them from receiving alimony, even if there's an existing alimony agreement. As the court prioritizes an arrangement that protects mutual standards of living, any ex remarrying or sharing an intimate relationship in a dual-income household may be denied alimony. An existing alimony order may also be canceled in case one partner enters into a new relationship.

Can a Person be Disqualified from Receiving Alimony? 

Depending on the duration and circumstances of marriage, any of the factors mentioned above may disqualify a person from receiving alimony or make a request for the same. Typically, if the union is especially short or if the partners have the ability to support themselves, alimony will not be granted. 

But, there are other grounds as well which will completely disqualify a person from seeking alimony. Any past criminal history would cause the court to deny support. Under the California Family Code, cases of domestic violence where abuse is made against spouses, partners, children, ex-spouses or ex-partners, or any other person living in the household, will preclude the person from receiving spousal support in California.

Make an Informed Decision with an Experienced Family Law Attorney

If you are involved in a divorce, your best chance of seeking alimony and favorable terms is by hiring a dependable and experienced attorney. At Jos Family Law, our team has seasoned family lawyers who specialize in all areas of family law, including divorce, child custody, child support, and spousal support.

Our attorneys are creative negotiators, problem-solving mediators, and formidable litigators who can achieve your goals inside and outside the courtroom. If you are going through a family law dispute, you deserve excellent legal representation. With so many aspects of your future hanging in balance, take no chance and speak to an attorney today. 

Contact us to learn how we can help you in your legal battle today. 

Jos Family Law