If you’re facing a divorce in California, alimony can feel like a lifeline—or a daunting obligation, depending on your perspective. However not everyone qualifies to receive alimony, and there are certain actions or circumstances that could disqualify you. Understanding the factors that courts consider can make all the difference, whether you're seeking or disputing alimony.
At Holstrom, Block & Parke, APLC, we’ve spent years helping clients handle alimony cases. With our Certified Family Law Specialists and knowledgeable attorneys, we work to ensure that you know your rights and responsibilities. Let’s break down some of the key situations where someone might be disqualified from receiving alimony.
Short Marriages: Duration Makes a Difference
The length of your marriage directly impacts alimony eligibility. In California, a common guideline is that alimony payments last half the length of a short marriage—typically defined as less than ten years.
For example, if a couple was married for four years, spousal support might only be granted for up to two years. However, judges have significant discretion and may extend or shorten the timeframe depending on other factors. If the marriage was brief and both spouses were financially independent, alimony might not be awarded at all.
Does Adultery Impact Alimony?
Surprisingly, California is a no-fault divorce state, meaning adultery doesn’t automatically affect alimony decisions. However, there are exceptions where infidelity could play a role. For example, if marital funds were spent on an affair (such as lavish gifts or trips), the wronged spouse could argue that the behavior should factor into financial settlements.
Proving adultery requires evidence—text messages, receipts, or eyewitness accounts—which can be difficult to gather. While adultery alone won’t disqualify someone, its financial implications might.
A Critical Factor in Domestic Violence
Domestic violence can have a major influence on alimony decisions. If the supported spouse has a history of abuse against the paying spouse, they may be disqualified from receiving support. California law emphasizes protecting victims, and judges often consider the broader circumstances of abuse.
Protective orders, police reports, or witness testimony can play a critical role in these cases. On the flip side, a documented history of domestic violence by the paying spouse could result in higher alimony awards to the victim.
Financial Self-Sufficiency
California courts encourage spouses to work toward financial independence. If the supported spouse can sustain themselves without help—through employment, investments, or other means—they may be denied alimony.
Judges will examine factors like:
- Education level
- Work experience
- Current job opportunities
If someone is deemed capable of supporting themselves but isn’t making an effort (like refusing job offers or failing to seek training), it could hurt their case for alimony.
Cohabitation with a New Partner
Cohabitation with a romantic partner often leads to reduced or terminated alimony payments. The reasoning is simple: living with someone usually means shared expenses, reducing the need for financial support.
However, not all cohabitation situations are treated equally. The law specifies that a “nonmarital partner” implies a romantic relationship, so simply living together as platonic roommates may not suffice to trigger modifications to alimony. Courts will evaluate whether the living arrangement genuinely lowers financial need. Keep in mind, that proving cohabitation might involve digging into financial records or observing behavior over time.
Hidden Assets and Income
Honesty matters in divorce proceedings. If the supported spouse is caught hiding income or assets, it can lead to disqualification from alimony. California courts take a dim view of dishonesty, and penalties for financial deception can be severe. Hiding assets can lead to civil penalties and financial deceptions can result in criminal charges.
Forensic accountants and other tools often uncover hidden wealth. The consequences? Not only might alimony be denied, but the dishonest party could face legal repercussions or financial penalties.
Criminal Convictions
Certain criminal convictions, particularly violent offenses, can disqualify someone from receiving alimony. For example, if a spouse is convicted of domestic violence or violent sexual offenses within five years of the divorce filing, it could significantly impact their eligibility for support.
Judges are unlikely to award financial assistance to someone who has harmed their spouse. This rule underscores the importance of maintaining lawful and respectful behavior during marriage.
Lack of Effort Toward Self-Sufficiency
Courts don’t look kindly on someone who avoids opportunities to improve their financial situation. If a spouse refuses to find work, declines job training, or otherwise neglects efforts to become self-sufficient, it can affect alimony eligibility.
For instance, if someone continuously turns down reasonable job offers or skips out on education programs without a valid excuse, the judge might decide they don’t deserve financial support. California Family Code § 4330 emphasizes that recipients of spousal support should make a “reasonable effort” to become self-sufficient.
Why Legal Representation Matters
Alimony cases can quickly become complicated. Having a skilled attorney on your side can make a significant difference in protecting your rights and ensuring a fair outcome. At Holstrom, Block & Parke, APLC, we understand the importance of your financial future and work tirelessly to advocate for you.
Contact us today at 888-996-6919 to discuss how our experienced team can help secure your financial stability and guide you through the complexities of the process.
