With regards to divorce, alimony is notorious. You most likely have some idea of how alimony functions—with the higher-earning partner making regular installments to the other partner—however, there are a number of misinterpretations about this crucial, but hot-button topic.
Every state has separate alimony support laws and requirements, so there is a high chance for misinterpretation. In California, alimony is referred to as “spousal support.” In the present blog, we will discuss six things divorcing couples should think about regarding spousal support in California.
1) There are two types of spousal support in California
In any California divorce, there is the chance for two unique types of spousal support: Temporary or Permanent. Temporary spousal support may be required before the final judgement. As the name proposes, the support payments are temporary and may be paid to the lower earning spouse in order “to maintain the status quo as much as possible pending trial.” See In re Marriage of Schulze (1997) 60 Cal.App.4th 519 at p. 525. Permanent spousal support is to “provide financial assistance, if appropriate, as determined by financial circumstances of the parties after their dissolution and division of their community property.” See In re Marriage of Schulze (1997) 60 Cal.App.4th 519 at p. 522; See In re Marriage of Burlini (1983) 234 Cal.App.3d 65 at p. 69.
2) Permanent does not really mean changeless
The phrase “permanent spousal support” does not mean forever. Generally, the span that the payor will be required to pay spousal support after the separation, depends upon the length of the marriage. Each case is unique, yet as a general rule, the payor should be prepared to pay spousal support for approximately half the length of the marriage if the couple was married for less ten years. The period for spousal support when the marriage continued longer than ten years will be considered differently for each case.
3) Many variables are viewed as while evaluating spousal support
Each divorce is different, and each order for spousal support will be founded on the circumstances of the couple’s life. There is no systematic approach to determine how much spousal support should be paid. Judges will consider various factors, for example, the length of the marriage, age and soundness of the parties, parties’ income, the supported party’s ability to work, the payor’s capacity to pay, and the supported party’s past joblessness while preforming domestic obligations like bringing up children. See California Family Code section 4320. The general rule is that the spousal support enables the supported party to maintain the way of life that was built up during their marriage.
4) The marital offense is not considered
In California, spousal support is granted for money related purposes, not on the grounds that one party committed a wrongdoing. However, if there is a finding of domestic violence under California Family Code section 4320 and section 4325, a judge may deny spousal support for the party who committed the violent act.
5) Spousal support usually is changeable
Our lives can change in a moment, and either the payor or the supported party may seek adjustments of the spousal support order based on the change of circumstances. For instance, if the payor were in an accident and could not afford spousal support because of decreased income, the payor could file a request to modify the spousal support order.
6) Spousal support ends upon death
If either party dies, the order for spousal support will terminate. If the payor passes away, they will not be required to pay spousal support from their estate. In case the supported party passes away, the estates cannot look for payment from the living paying party.
In case of further guidance, you can take advice from an expert attorney by contacting the Law Office of Doppelt and Forney, APLC, for a 30-minute-free consultation with the best divorce attorneys in town by emailing email@example.com or texting (858)880-6689.