Summary: In California, alimony (spousal support) is designed to provide financial assistance to a lower-earning spouse after divorce and help maintain a standard of living similar to that experienced during the marriage. Courts determine eligibility and payment amounts based on factors such as the length of the marriage, financial needs, earning ability, household contributions, and each spouse’s overall financial situation. Certain circumstances, including financial independence, short marriages, new relationships, or specific legal issues such as domestic violence, may affect or prevent an award of spousal support.
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:
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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.
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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.
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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.
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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.
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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.
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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.
Frequently asked questions
1. Does "cheating" or infidelity disqualify a spouse from receiving alimony?
Generally, no. California is a "no-fault" divorce state. This means the court does not consider marital misconduct, such as adultery, when determining whether to award spousal support. The focus is strictly on financial need, the ability to pay, and the standard of living established during the marriage.
2. Can domestic violence disqualify a spouse from getting alimony?
Yes. This is a significant exception to the "no-fault" rule. Under the California Family Code, there is a "rebuttable presumption" that a spouse convicted of domestic violence against the other spouse within five years of the divorce filing (or while the case is pending) should not receive alimony. The court aims to ensure that an abused spouse is not forced to financially support their abuser.
3. What happens if the spouse seeking alimony starts living with a new partner?
If the spouse receiving support begins cohabitating with a non-marital partner, California law presumes they have a decreased need for support. While it doesn't always lead to an automatic disqualification, it is a legal basis for the paying spouse to request a modification or termination of alimony, as the new partner may be contributing to the recipient's living expenses.
4. Does the length of the marriage impact alimony qualification?
In marriages lasting less than 10 years, alimony is typically granted for only half the length of the marriage. In "long-term" marriages (10 years or more), the court has more discretion and may not set an end date immediately. A spouse may be disqualified from long-term support if the court determines they have the skills and opportunity to become self-supporting within a reasonable timeframe.
5. Can a Prenuptial Agreement disqualify me from receiving support?
Yes. Many prenuptial or postnuptial agreements include a "waiver of spousal support." If the agreement is found to be legally valid and enforceable, the court will uphold that waiver. However, California courts will not enforce a waiver if it would leave the spouse in such a dire financial state that they would require public assistance (becoming a "ward of the state").
6. Will I be disqualified if I have significant separate property?
Alimony is based on financial need. If a spouse has substantial separate property assets, such as a large inheritance, a pre-marital business, or high-value real estate, the court may determine they have sufficient resources to maintain the marital standard of living without assistance from their ex-spouse, thereby disqualifying them from receiving support.
