Divorce is challenging both emotionally and financially. Among the complex financial elements to address during divorce are questions involving whether one spouse should pay alimony and if so, how much and for how long.
In this blog, we'll examine what alimony is and how decisions about alimony are determined in California. Our goal is to provide you with a clear, easy-to-understand guide that can be your first step in grasping this crucial aspect of California divorce law.
What is Alimony?
Alimony is financial support paid by one spouse to another during or after divorce proceedings. Technically, the legal term for these payments are spousal support, but most people still use the traditional term, alimony.
The primary objective of alimony is to balance the financial playing field and to ensure that the lower-earning spouse can maintain a standard of living similar to what they enjoyed during the marriage. In California, alimony isn't automatic; rather, the courts have a considerable amount of discretion when it comes to the type, amount, and duration of these payments.
Factors that Influence Alimony in California
To establish a fair alimony arrangement, California courts weigh a number of elements. These factors include but aren't limited to:
- Length of the marriage
- Age and health of each spouse
- Income of each spouse
- Property and debts of both parties
- Earning capacities of both parties
Additionally, the court looks into the lifestyle the couple maintained during the marriage, as well as contributions from the spouse seeking alimony. For instance, the court will consider one the lower-earning spouse helped the higher-earning spouse acquire an education, advance in their career, or secure professional licenses.
Types of Alimony in California
Different types of alimony exist in California to serve various needs and situations. The most common types include temporary, rehabilitative, and permanent alimony.
Temporary alimony is designed to provide financial aid during the divorce process itself. Rehabilitative alimony aims to assist the lower-earning spouse in becoming financially independent by supporting them as they re-enter the workforce. Permanent alimony, usually applicable in long-term marriages, may last indefinitely and is designed to offer lasting support.
How Is the Amount of Alimony Calculated?
While California doesn't have a strict formula for determining alimony, many courts use software programs as guidelines for establishing a reasonable amount. But remember, these are just guidelines, not hard rules.
Judges use their discretion, taking into account the above factors and other issues, to arrive at a fair and just alimony arrangement. Both spouses have an opportunity to present their case, arguing for either a higher or lower alimony payment based on their individual needs and circumstances. That means it’s in your best interests to make certain your divorce attorney is aware of all the factors that could weigh in your favor during an alimony determination.
When Can Alimony be Modified or Terminated?
Modification of alimony is not uncommon in California, particularly if there's a significant "change in circumstances," such as either party experiencing a considerable increase or decrease in income, or reaching retirement age. Alimony termination generally occurs if the recipient remarries or if either spouse passes away. It’s essential to seek professional legal advice from an experienced California divorce lawyer if you think your alimony order may need modification or termination.
The Role of Prenuptial and Postnuptial Agreements
Prenuptial and postnuptial agreements can be pivotal in determinations of alimony in a California divorce. If an agreement was signed before or during the marriage, it should be thoroughly reviewed as part of the divorce process.
Even though such an agreement can specify alimony arrangements, the court still retains the final say. However, judges usually respect the terms of a prenup or postnup, provided it was fair and voluntarily agreed upon by both parties at the time it was executed.
Alimony and Taxes
Remember, tax laws concerning alimony have changed. Previously, alimony payments were tax-deductible for the paying spouse and were considered as taxable income for the receiving spouse.
But for divorces finalized after December 31, 2018, this is no longer the case. Now, alimony payments are neither tax-deductible for the paying spouse nor considered income for the recipient. This change has significant implications and should be kept in mind when negotiating alimony.
Important Tips for Seeking Alimony in California
If you want to seek alimony or ensure that you are not ordered to pay an unfair amount of support, it's crucial to gather pertinent documentation such as proof of income, a comprehensive list of monthly expenses, and any available information regarding your spouse's earnings.
Get the documentation to your attorney in a timely fashion. Having detailed records can strengthen your case when the court is assessing the amount of alimony to be granted. Remember, thorough preparation can be your best ally in ensuring a fair alimony arrangement.
Contact Holstrom, Block & Parke, APLC for Help with Alimony
Whether you are seeking alimony or being asked to pay spousal support, the outcome can have a tremendous impact on your financial future in both the short and long term. The experienced Certified Family Law Specialists at Holstrom, Block & Park know how to ensure that the factors that support your goals receive fair consideration during the divorce process.
To put our skills to work for you, call today at (844) 237-5791 or contact us online to schedule a consultation.