Alimony is also known as “spousal support.” Alimony is a court-ordered payment that is made by one spouse to another. It may be paid during a legal separation or divorce or for a period of time after a separation or divorce becomes final. These payments are usually made on a regular schedule, e.g., monthly. Alimony payments are made separately from any child support payments.
In some legal separation or divorce cases, a judge determines that one spouse should financially support the other even if they will no longer be married. This may be done so a spouse can maintain the lifestyle they had prior to the divorce.
There are two types of alimony in California. One type is temporary. Temporary spousal support is paid only during the separation or divorce proceedings if the court determines that it is appropriate for one spouse to pay support to the other.
Often, temporary support is determined based on a formula designed to maintain both parties’ standard of living while their divorce or separation issues are resolved. The formula can vary, but one common version used starts with 40% of the higher earner’s monthly income, subtracts 50% of the lower earner’s income, and requires the higher earner to pay the difference.
The other type of alimony in California is rehabilitative alimony, which may also be ordered to allow a spouse time to become financially stable. Usually, this occurs when a spouse has chosen to leave the workforce to raise a family or support the other spouse’s career goals. This type of alimony may also be ordered in cases where a spouse was dependent on the other spouse to pay their living expenses for whatever reason.
California alimony laws are in place to help ensure that a legally separated or divorced spouse does not become impoverished or a burden on the state because they depend on their spouse for income.
In many cases, once the spouse is able to support themselves, the alimony payments terminate. In cases where alimony was ordered to allow a spouse to maintain their previous standard of living, that alimony terminates if they remarry.
A local California attorney can advise a person about all aspects of California divorce and separation.
What Is the 10-Year Rule in California?
When awarding spousal support in California, a 10-year rule is applied. The 10-year rule states that courts usually award permanent spousal support only if the marriage has lasted for 10 years or more.
From a policy standpoint, this rule is in place to discourage marriage with the motivation to acquire spousal support upon divorce. As a general rule, courts do not like to award permanent spousal support. Instead, California courts want former spouses to become self-supporting. There is an exception, where a spouse is to elderly or disabled.
If a marriage lasts less than 10 years, spousal support is usually awarded for half the length of the marriage. This means if spouse A is married to spouse B for 5 years and spouse B is awarded spousal support by the California courts. Spouse B will be awarded to spouse B for 2.5 years.
Even with the 10-year rule, courts allow former spouses to agree on their own termination dates for spousal support, and they can request modifications if they need an adjustment for their agreement.
How Is Alimony Calculated in California?
Calculating spousal support in California The amount of alimony a spouse may receive is determined by several factors as follows:
- The needs of each spouse given the standard of living they enjoyed during the marriage;
- Each spouse’s earning ability, including their marketable skills, the job market for those skills;
- How much time and training the spouse with lower earnings would need to develop those skills;
- The ability of the spouse who would pay to make payments;
- The supported spouse’s ability to be gainfully employed without interfering with the best interest of the children;
- The age and health of the spouses;
- Each spouse’s debts and assets, including their separate property;
- How long the marriage lasted;
- How much the lower-earning spouse contributed to the other’s educational degree or professional license during the marriage;
- Whether there is evidence that one spouse has engaged in domestic violence against the other or the children;
- The balance of hardships for each spouse;
- Any other factors a judge believes should be considered based on fairness.
How Do You Qualify for Alimony?
The court determines who qualifies for alimony, how much they should receive, and for how long. The court considers how much income each spouse can make to maintain a standard of living close to what they had during marriage. The factors considered include the following:
- The job skills of the spouse receiving support;
- The job market for the spouse receiving support;
- Whether the spouse receiving support needs education or training to obtain marketable job skills;
- The extent to which the earning capacity of the spouse receiving support was impaired during the times of the marriage when they were devoted to raising children or supporting the other spouse’s career;
- The length of the marriage;
- Other factors that have an effect on the financial status of both spouses may be considered.
In most cases, the length of the marriage is likely to affect the time period for which alimony must be paid. A longer marriage would mean a longer period of alimony. For example, a court is likely to order alimony payments for a longer period if a marriage lasted ten years than for a marriage that lasted six months.
For How Long Can You Receive Alimony in California?
In California, there is no limit to the amount of time alimony payments might be required. However, courts usually follow a guideline that requires the payment of alimony for a period of time that equals half the length of a marriage if the marriage lasted ten years or less. So, if a marriage lasted for 8 years, one spouse would be required to pay alimony to the other for a maximum of 4 years.
In any event, the length of time alimony payments can be received is determined by the court. Payments generally continue until one of the following events occurs:
- The court orders termination of payments;
- One of the spouses passes away;
- The spouse receiving support remarries;
- The spouse receiving support is cohabitating with a new romantic partner.
How Do You Petition for Alimony?
In order to receive alimony, a spouse must petition for alimony in the court handling their legal separation or divorce case. Usually, this petition is included with the divorce complaint when it is filed with the court.
The spouse who will be paying the alimony must be legally served with notice. The paying spouse may not consent to make payments. In that case, the court will determine whether or not the alimony request should be ordered. The alimony request may be paid as regularly scheduled payments, often monthly, at other intervals, or in one lump sum.
Can Alimony Payments Be Modified?
Either one of the spouses can request that an alimony order be modified. However, the paying spouse should continue making the required payments until an order modifying alimony payments is issued by a court. Otherwise, the paying spouse may be held in contempt of court or be violating their court order.
If they wish to modify the order, the paying spouse should petition the court in which their divorce was finalized. The paying spouse must show the court there has been a substantial change in circumstances since the payments were ordered. This may include loss of a job, retirement, disability, or an increase in the income of the receiving spouse.
If the marriage lasted for longer than 10 years, a change in circumstances on the part of the spouse who receives alimony might lead a court to increase alimony payments. In short-term marriages, once the time period for which alimony was ordered ends, the alimony comes to an end.
What Are the Tax Consequences of Alimony?
If a couple’s divorce became final before January 1, 2019, the spouse paying support may deduct the alimony payments they make. The spouse who receives the alimony then must report it as income and pay income tax on it.
Most people prefer to make their alimony payments deductible to the one who pays and taxable to the spouse who receives it. However, if a divorce becomes final before January 1, 2019, the spouses have a choice. For some couples, it is more favorable from a tax perspective to make the payments nondeductible and nontaxable. A person would want to consult a tax attorney for the best advice, again assuming a divorce was finalized before January 1, 2019.
If a couple’s divorce has become final on or after January 1, 2019, the paying spouse may not take a tax deduction for alimony paid, and the spouse who receives the alimony does have to pay tax on it. It is not treated as income to the spouse who receives it.
Where Can You Find the Right Lawyer?
A California alimony lawyer can help you make your case for alimony. LegalMatch.com can connect you to a lawyer who can make sure you receive fair payments. Or, if you need to modify spousal support payments, a family lawyer can assist you and represent you at any court hearings.
