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.

Alimony—which is officially known as spousal support under California law—can be difficult to predict even when parties believe they have established a legal contract covering the issue. In theory, it is possible for someone who is planning to get married to waive their right to seek alimony if the marriage ends in divorce. It is also possible for someone who is already married to agree in a postnuptial agreement not to seek alimony in case of divorce. But courts will not always uphold these agreements.

Whether you are preparing for marriage or contemplating divorce, it is important to understand how marital agreements can affect the ability to obtain alimony.

Attorneys Should Be Involved in the Creation of an Agreement if You Want it to be Enforceable

California law does not require people who are getting married to work with an attorney when they create a prenuptial agreement. And even though spouses are often giving up defined rights when they execute a postnuptial agreement, an attorney is not required for that either. However, if both parties do not receive advice and guidance from their own independent legal counsel before signing a prenuptial or postnuptial agreement, then certain terms in the agreement may not be enforceable.

Specifically, Section 1612(c) of the California Family Code states that provisions regarding spousal support, including waivers of alimony, are not enforceable if the spouse who would lose out was not represented by their own attorney at the time they signed the agreement. When someone signs a prenuptial or postnuptial agreement without seeking advice from an experienced family law attorney, the court may assume that the fiancé or spouse did not understand what they were signing and what they were agreeing to give up, and the court may then decide that they should not be held to the terms of the agreement. To protect the interests of both parties, each partner should hire their own attorney focused on protecting their interests and review the agreement in detail with that attorney.

Alimony Provisions in a Prenuptial or Postnuptial Agreement Can’t Be Grossly Unfair

If there is a provision in a prenuptial or postnuptial agreement waiving the right to request alimony, or a provision that sets some type of limit on alimony, and the court believes it would be “unconscionable” to enforce this provision, then the provision will have no effect. What does that mean? “Unconscionable” is a legal term that is generally interpreted as grossly or shockingly unfair. It offends the conscience and just seems wrong.

This is a very vague standard, and one that may be hard to assess at the time you are creating a prenuptial or postnuptial agreement because the court will be looking at the circumstances at the time of enforcement, not the time of creation. If a couple had a low income and very simple standard of living at the time they got married but were spending $50,000 a month on basic living expenses at the time of the divorce, the court might find an agreement limiting alimony to $500 a month to be unconscionable and refuse to enforce it. Or if both spouses agreed to waive alimony at a time when they were earning equal amounts but by the time of the divorce one spouse had given up their career to raise children or because of a medical condition, the court might find it unconscionable to prevent that spouse from requesting alimony. No one has a crystal ball to view the future, so provisions that might seem reasonable at the time of the agreement may seem grossly unfair to the court at the time a party gets divorced.

If limitations are based on a percentage of income or average expenses instead of an absolute number, then a court might be less likely to reject it as unconscionable.

Holstrom, Block & Parke Fights to Protect Your Interests in an Alimony Determination

With over 300 years of collective experience protecting clients in California divorce cases, the team at Holstrom, Block & Parke, APLC understands how to create prenuptial and postnuptial agreements in a way that enables parties to understand their rights and with terms designed to remain enforceable. Parties can agree to change the terms of a prenuptial agreement or create a postnuptial agreement after marriage, so if your circumstances have changed and you want to create an agreement that reflects these changes, our team would be happy to assist. Just schedule a consultation to get started. 

Alimony is among the most pressing concerns when a couple is going through the divorce process.

Alimony, also known as spousal support, is a financial arrangement where one spouse provides monetary support to the other following a divorce.

One of the main questions that people have is: How long does alimony last in California? Let's explore this topic in detail.

The General Rule: Length of Marriage as a Key Factor

The duration of alimony in California is significantly influenced by the length of the marriage. You might have heard about the "10-year rule for alimony," which holds particular weight in California's family law.

However, it's not that black and white in the sense that being married for ten years doesn't necessitate spousal support. Therefore, it’s essential to understand the implications when a marriage lasts at least ten years.

Marriages Less Than 10 Years

For marriages that lasted less than ten years, the law typically presumes that alimony should be paid for half the length of the marriage.

For example, if a couple was married for eight years, the expected duration of alimony would be four years.

However, this is just a general guideline. There are circumstances where a spouse might argue for a longer or shorter duration, depending on factors like their ability to become self-sufficient or other unique situations.

Marriages 10 Years or Longer

When a marriage extends beyond ten years, the rules become more flexible, and the court retains broader discretion. In these cases, alimony may continue indefinitely, though that doesn't mean it will last forever.

The court has ongoing jurisdiction and can modify or terminate alimony based on changing circumstances. This flexibility acknowledges that longer marriages often involve greater financial interdependence, making it more challenging for one spouse to achieve financial independence without support.

That last provision means that the court will be able to go back and reconsider issues related to spousal support at any time in the future. (Spousal support is the official term for alimony under California statutes.)

Factors Influencing Alimony Duration in Long-Term Marriages

In marriages lasting ten years or more, several factors can affect the duration of alimony.  Here's a closer look at the key considerations:

• Age and Health: The age and health of both spouses play a huge role. A younger spouse may have better prospects for gaining employment or advancing in a career, while an older spouse might find it more challenging to re-enter the workforce.
• Earning Capacity and Job Skills: The court evaluates each spouse's ability to earn income. If one spouse has significantly lower earning potential due to a lack of job skills or career experience, alimony may be extended to provide them with time to gain the necessary skills or education.
• Standard of Living: The standard of living established during the marriage is another important factor. Alimony aims to help the lower-earning spouse maintain a lifestyle that is reasonably comparable to what they experienced during the marriage.
• Contributions to the Marriage: Contributions aren't just financial. The court considers non-financial contributions, such as staying home to care for children, which may have impacted one spouse's career progression.
• History of Domestic Violence: If there has been a history of domestic violence, this can influence the court's decision on alimony. The victim may require ongoing support to regain stability and independence.

Even in long-term marriages, alimony isn't always set in stone. Changes in circumstances, such as a significant increase in the recipient's income or a downturn in the payer's financial situation, can lead to modifications in the support arrangement.

Temporary vs. Permanent Alimony

Temporary alimony is awarded during the divorce process and provides financial support to the lower-earning spouse until the divorce is finalized. However, its temporary alimony doesn't guarantee that permanent alimony will be awarded.

Permanent alimony, on the other hand, is determined after the divorce is finalized. This type of alimony is intended to provide long-term support, though "permanent" is somewhat of a misnomer since it can still be modified or terminated under certain conditions.

Let's take a look at how these two types of alimony differ:

Circumstances that Can Terminate Alimony

While alimony is an essential financial support mechanism, it's not necessarily permanent. Several events can lead to the termination or modification of alimony.

Remarriage of the Recipient Spouse

If the spouse receiving alimony remarries, this typically ends the obligation of the paying spouse to continue providing support.

The logic behind this is that the new marriage creates a new financial partnership, alleviating the need for continued support from the former spouse.

Death of Either Spouse

Alimony obligations generally end upon the death of either the paying or receiving spouse.

Significant Increase in the Recipient's Income or Self-Sufficiency

If the recipient spouse experiences a significant boost in income or reaches a point of self-sufficiency, the paying spouse may petition the court to reduce or terminate alimony.

The idea here is that the purpose of alimony has been fulfilled if the recipient no longer requires financial assistance.

Decrease in the Paying Spouse's Income

On the flip side, if the paying spouse faces a substantial decrease in income due to factors like disability, job loss, or retirement, they might seek to reduce or end alimony payments.

The court will evaluate whether the financial change justifies a modification.

Cohabitation with a New Partner

Cohabitation with a new partner can also lead to the termination of alimony, depending on the terms set by the court.

Cohabitation often involves shared financial responsibilities, reducing the need for support from a former spouse.

Exceptions to the "10-Year Standard"

While the "10-year rule" serves as a general guideline, there are exceptions that can alter how alimony is approached:

• Periods of Separation Within a Long Marriage: If a couple was separated for a significant period during their marriage, the court might consider this when determining whether the marriage qualifies as "long-term." The length of cohabitation, rather than the official length of the marriage, may be the key factor.
• Shorter Marriages with Exceptional Circumstances: In some cases, even shorter marriages might result in longer alimony if there are exceptional circumstances, such as one spouse giving up a career to support the other.
• Prenuptial or Postnuptial Agreements: These agreements can override the standard rules and establish different alimony obligations. If you have a prenuptial or postnuptial agreement, it's essential to understand how it might impact your alimony situation.

Given these complexities, it's clear that navigating alimony requires more than just a surface understanding of the law. Each situation is unique, and what applies in one case may not apply in another.

The Importance of Seeking Legal Counsel

At Holstrom, Block & Parke, APLC, we understand the emotional and financial stakes involved in alimony decisions.

Whether you're seeking alimony, contesting it, or looking to modify an existing arrangement, we're here to provide the guidance and support you need. Don't leave your future to chance—contact us today for a consultation. Together, we'll work toward the best possible resolution for your alimony situation.

Reach out to Holstrom, Block & Parke, APLC at (855) 939-9111 or contact us online at https://hbplaw.com/contact/ to schedule a consultation.

Whether you are paying alimony or receiving it, you should know what happens in California when the spouse who is supposed to pay does not fulfill their legal obligations. There might be very good reasons for missing payments, but the spouse who failed to pay can still run into serious legal troubles if they don’t take the right steps to protect their interests quickly.

If you are owed alimony and haven’t received it, you also will probably need to take legal action to enforce the obligations. So regardless of which side of the issue you’re on, it makes sense to start by consulting a knowledgeable attorney who can give you advice tailored to your specific situation. Here are some general guidelines for reference.

Alimony is a Court-Ordered Obligation

Like child support, alimony—which is officially referred to in California as spousal support—is an obligation set by the court. That means it is more powerful than a mere contract. If you violate a court order, you can be held in contempt of court, which is a separate offense.

So, even if you created your own agreement with your former spouse about who would pay alimony and for how much and for how long, once your arrangement was incorporated into your divorce decree, it became a super obligation, just as if a judge had developed the plan. You cannot modify the terms between the two of you, even though you set them originally. Any changes must be approved by the court or they have no legal effect. That means that if the recipient spouse told the paying spouse it was “okay” to miss a few payments, it is not actually okay. Those payments remain a legal obligation. The recipient can seek them—with interest—regardless of whether they said it was “okay” to skip them. Alimony is set by court order, and it can only be changed by a court order. And interest unpaid spousal support accrues at 10%.

Ways You Can Try to Get Your Spouse to Pay

Because alimony is incorporated into a court order and not just an ordinary contract between two people, a spouse who is owed alimony has some additional options for seeking payment. While you can even threaten your spouse with jail time, however, it is often most effective to have your attorney schedule a simple discussion to find out the reason for the lack of payment. When your former spouse is not put on the defensive, they may be more honest and willing to work toward a helpful solution. Just the knowledge that you have an attorney and that you are prepared to go to court if necessary can often be enough to persuade a former spouse who is trying to make a point but who is not willing to go to jail for it.

When a spouse can’t pay because of a lost job or emergency expense, your attorney might negotiate an extended repayment schedule, bearing in mind that they may need to seek approval from the court.

If a spouse has the ability to pay but simply won’t, then it is time to move from talk to action. Alimony is often set up through assigned earnings or garnishment of wages, but if not, this can be implemented. Other options for obtaining delinquent payments include:

• Obtaining a bank levy to remove funds from the payor’s bank account
• Intercepting the payor’s tax refunds
• Seeking a finding of contempt of court

Remember that if you plan to change alimony obligations, such as reducing payment amounts if your spouse is having long-term money problems, then you need to get a court order approving the change.

Help If You are Unable to Pay

If financial problems are going to prevent you from paying alimony on time, the sooner you can address the issue, the more you may be able to save yourself from unpleasant consequences. If you approach the court, instead of waiting for someone to come looking for you, judges tend to be more understanding. However, you will need proof of a legitimate inability to pay if you want the court to reduce your obligations. Talk to an attorney as soon as possible to get started working toward a resolution.

We Understand Alimony at Holstrom, Block & Parke, APLC

Alimony is a challenging issue both financially and emotionally. The Certified Family Law Specialists and associates at Holstrom, Block & Parke, APLC understand how to help clients achieve their goals for alimony, whether the terms are being set initially, you want to make a modification, or you are having issues with enforcement. Don’t let lapsed payments continue without taking legal action. Talk to our team today to learn how we can get you back on track.

If you are planning to get a divorce in California, you’ve probably heard a lot of rumors about alimony. Some people think alimony is old-fashioned and no one pays it anymore. Other people think courts automatically award it if a marriage has lasted a certain period of time. Both of these general assumptions are false—alimony is determined according to the specific facts pertaining to the marriage. That means it is important to ensure that your divorce attorney presents the right facts to justify your goals for alimony.

While we cannot give you cut and dried rules about how alimony is determined, we can explain how decisions are made in California.

A Prenuptial or Postnuptial Agreement Can Determine Everything

California laws establish some expectations and factors for courts to consider when making decisions about whether to award alimony and how much to award, but the default provisions of the law only come into play when the couple has not created their own binding agreement regarding alimony. If you and your spouse executed a prenuptial agreement before you got married or you entered into a valid agreement during your marriage, the terms in that agreement will control the outcome. 

These agreements must meet certain legal requirements to be valid, so if you did not consult an attorney before signing and you think the agreement might not be valid, it is a good idea to discuss this with your divorce attorney as soon as possible. Among other requirements, you must either have received and provided full disclosure about financial issues before signing, or you must have specifically waived the disclosure requirement.

Couples Can Make Their Own Decisions About Alimony

If you did not prepare a prenuptial or postnuptial agreement, you and your soon-to-be former spouse still have the ability to make your own determinations about alimony. The difficulty is that you need to reach agreement on whether one spouse will pay, how much they will pay, and how long payments will be expected to continue. Your attorney may be able to negotiate a reasonable arrangement with your spouse’s attorney. When that happens, the court is likely to approve whatever terms you have established, unless one party has acted improperly in some way. Of course, before you start negotiating your own terms, you would probably find it helpful to know what the law considers relevant to the decision.

California Law Refers to Alimony as Spousal Support

To understand the provisions of California law regarding alimony, you need to know that the courts use the term “spousal support” and they can award two main types of support. Courts often order temporary spousal support to help a spouse while the divorce proceedings are in progress. In some counties, courts do use a formula to establish an amount, but that can be adjusted.

Alimony payments that are made after the divorce is finalized are considered long-term spousal support. In a divorce decree, the court can go one of three ways with regard to alimony. The court can order support, it can deny support now but retain the right to order support later, or the court can terminate the issue and end its ability to order alimony.

Factors That Affect Alimony Decisions

Support is designed to give a spouse who earns less money a reasonable amount of time to become self-supporting. The longer a couple has been married, the more likely it is that one spouse has stayed out of the workforce to focus on home for a longer period of time, so that spouse will need more time to redevelop their earning potential. For that reason the length of a marriage is one of the key factors affecting alimony determinations. 

If a spouse demonstrates that they have a need for support and the other spouse has the ability to pay support, then if they were married for less than ten years, California law assumes that it would be reasonable to order alimony payments to continue for half the length of the marriage. If the marriage lasted more than ten years, it is considered a long-term marriage, and there is no assumption about how long alimony should continue.

In addition to considering a how long a couple has been married and the receiving spouse’s need and paying spouse’s ability to make payments, courts are also supposed to consider:

• The age and health of each spouse
• Current income and potential earning capacity of each spouse
• The standard of living during the marriage
• Property and debts of each spouse
• Any history of abuse
• Whether one spouse helped the other further their training or education
• The impact of childcare on both spouse’s careers

When a court orders alimony payments, those payments are expected to continue until the date specified in the order or agreement, or until one spouse dies or the receiving spouse remarries. If a receiving spouse is living with a new partner, the paying spouse can ask the court to modify or terminate alimony.

Holstrom, Block & Parke APLC Can Help You Secure the Right Alimony Arrangements

If you are interested in seeking alimony or you believe your spouse will request alimony, it is a good idea to begin working with an experienced divorce lawyer as soon as possible to start gathering evidence to help you achieve the right balance in the decision. At Holstrom, Block & Parke, APLC, our Certified Family Law Specialists and associates understand the most effective strategies to protect your interests in all types of divorce situations. To learn more about the protection we can provide, schedule a consultation with our team today. 

Alimony—which is officially referred to in California as spousal support—is often awarded when spouses have been married for a considerable time and one spouse earns substantially less than the other. Whether you will be paying alimony or are seeking alimony to maintain your home and living situation, it is natural to wonder how much support courts typically award.

Couples can set their own terms for alimony, either in a prenuptial or postnuptial agreement or during negotiations in preparation for divorce. As long as both spouses follow the rules regarding disclosure, their agreement is likely to be approved by the court.

If you want to set your own terms, of course, it is helpful to understand what the default standard would be. So in this post, we explore the factors that go into setting alimony amounts in California.

Is There a Formula for Calculating Alimony?

While some courts use a formula for calculating temporary alimony, the approach to calculating long-term alimony is much more nuanced and subjective. Temporary alimony is paid to a spouse to provide support while the divorce proceedings are in progress. So, depending on the county where you file for divorce, the court may apply a formula to calculate support obligations while the divorce is in progress. A common starting point is to take 40% of the paying spouse’s net monthly income and reduce that by 50% of the receiving spouse’s net monthly income.

When a court is setting an amount of alimony to be paid after the divorce is finalized, the process is much more intricate.

Courts Must Consider a List of Factors

Section 4320 of the California Family Code sets forth a list of issues the court is required to consider when determining whether one spouse should pay support, how much support amounts should be, and how long support payments should be required. While there is some legal guidance regarding what each factor involves, there is no specific rule about whether certain factors are more important or how much weight should be given to each factor. Judges have considerable discretion to make decisions so long as they take the factors into consideration. This means it is important to work with an attorney who is prepared to present persuasive arguments in favor of your goals when it comes to alimony.

Understanding the Factors that Affect Alimony Decisions

Factors that impact the determination of alimony amounts include:

• The duration of the marriage.
• The couple’s standard of living during the marriage. This includes types of cars driven, vacations taken, and homes lived in.
• The degree to which each partner earns enough to keep up the same standard of living that they enjoyed while married.
• The assets held by each spouse and whether they are extensive enough to make support unnecessary.
• The marketable skills of the spouse receiving alimony. Do they have skills or certification? Is there a job market for those skills? Does the spouse need additional training or education to find a job?
• How greatly was the career of the receiving spouse damaged by time spent out of the workforce to care for the home?
• Whether one spouse supported the other during education or career training.
• Whether the spouse who will be paying support has enough income to pay support.
• The needs of each party. In this instance, “needs” goes beyond basic necessities to include other factors involved in the lifestyle enjoyed during the marriage.
• The age and health of each spouse.
• Whether the spouse requesting support has limited ability to work due to the need to care for minor children.
• Any history of domestic violence.

In addition to these and other issues, the court can also consider “any other factors” that the judge finds to be relevant. It is wise to work with an attorney who can present evidence regarding these factors in favorable light and who is also prepared to raise additional issues that support your goals for alimony.

Skilled Advocacy Can Make a Significant Difference in an Alimony Determination

Because the amount of alimony rests with the discretion of the judge, it is wise to work with an experienced and dedicated legal advocate when you are seeking alimony or being asked to pay support. In negotiations, a knowledgeable attorney from Holstrom, Block & Parke, APLC can argue for your objectives based on legal precedent to help you achieve an agreement without the need to incur additional court costs. If the issue cannot be resolved out of court, our team knows how to ensure that all the factors in your favor are presented persuasively to the judge.

To learn more about the ways we can assist with alimony or other divorce issues, just schedule a confidential consultation.  

Going through a divorce can raise many questions, especially regarding finances. One topic that frequently comes up is alimony, also known as spousal support.  Although the outcome often depends on how well your attorney presents the factors that weigh in your favor, this post will give you a general overview of how courts calculate alimony in California.

Fair Share in California

Unlike some states, California follows a community property system. This means most assets and debts acquired during the marriage are considered jointly owned. This also applies to income earned during the marriage. Regarding alimony, California courts focus on two main factors: the need of one spouse for financial support and the ability of the other spouse to pay.

Temporary vs. Permanent Support

There are two main types of alimony in California: temporary and permanent. Temporary support, sometimes called interim support, is designed to help maintain the marital lifestyle during divorce. It's typically calculated using a formula considering each spouse's net monthly income. Generally, the higher-earning spouse pays a percentage of their income (around 40%) minus half of the lower-earning spouse's income. However, this is just a starting point, and the judge can adjust it based on other factors like child support or living expenses.

Permanent alimony is less common and is awarded in longer marriages or situations where one spouse cannot become self-supporting due to factors like disability or caring for children for an extended period. There's no set formula for permanent support, and the court considers several factors, including the length of the marriage, the standard of living during the marriage, and each spouse's earning capacity and needs.

Beyond the Formula

While the need and ability assessment provides a starting point, California courts weigh several other factors when determining alimony.  These include:

• The duration of the marriage: Longer marriages are more likely to result in permanent alimony, as one spouse may have given up career opportunities to support the other.
• The age and health of each spouse: A younger, healthy spouse may have a better chance of finding employment than an older spouse with health limitations.
• The earning capacity of each spouse: The court will consider each spouse’s education, training, and current employment situation to determine their potential for future earnings.
• The standard of living enjoyed during the marriage: The court aims to maintain a similar standard for both spouses as long as it's reasonable considering the new circumstances.
• Whether there are minor children in the home: If one spouse is the primary caregiver, they may need alimony to cover childcare costs and maintain a stable environment for the children.
• Contributions of each spouse to the education or career of the other spouse: A spouse who provided support for the other spouse's education or career advancement might be awarded alimony in recognition of their contribution.

The Emotional Impact

Divorce can be emotionally draining, and financial concerns can add to the stress.  Alimony can provide stability during this difficult time, allowing one spouse to adjust to their new reality.  However, it's important to remember that alimony is not intended to punish the higher-earning spouse. It's about achieving a fair and equitable outcome based on the specific circumstances of your marriage.

Your California Alimony Advocate

California alimony laws can be complex, and the outcome can significantly impact your financial future. If you're facing divorce and have questions about spousal support, the experienced divorce attorneys at Holstrom, Block & Parke, APLC, can help. We understand the emotional and financial challenges of divorce and will work with you to achieve a fair outcome in your case.

Here's what we can do for you:

• Review your financial situation: We'll analyze your income, expenses, assets, and debts to understand your financial needs and abilities.
• Explain your options: We'll discuss the different types of alimony available in California and how they might apply to your situation.
• Negotiate on your behalf: We'll advocate for your interests during negotiations with your spouse or their attorney.
• We will represent you in court: If necessary, we will present your case to the judge, ensuring that the court sees the best evidence to support your goals for alimony.

Worried About Alimony? We Can Help

California alimony laws can be complex. If you're facing divorce and have questions about spousal support, the experienced divorce attorneys at Holstrom, Block & Parke, APLC can help. We understand the emotional and financial challenges of divorce and will work with you to achieve a fair outcome in your case. Contact us today at 855-426-9111 or online to schedule a consultation.

People getting divorced in California after a relatively short marriage often wonder whether alimony is ever awarded in this type of situation. For instance, can a spouse get alimony after only two years of marriage?

It's a valid concern, especially for spouses who may have put their careers on hold. A two-year interruption in a career can take years to make up. So, while the answer generally depends on several factors, it is certainly possible for a court to award alimony after a two-year marriage. But whether you are seeking alimony or believe alimony is inappropriate in your situation, it is important for your divorce attorney to ensure that the court has access to all the evidence that supports your position.

Understanding Alimony in California

Alimony, officially called spousal support in California, refers to a financial arrangement where one spouse is required to provide financial assistance to the other following a divorce. The overarching goal of alimony is to mitigate the economic impact of divorce on the lower-earning spouse, allowing them to adjust financially over time without a drastic drop in their standard of living. The earning-disparity between spouses often becomes greater the longer a couple has been married, but it can be a significant issue for shorter marriages as well.

For marriages of short duration, typically defined as less than ten years in California, there is no automatic entitlement, alimony can still be awarded based on a thorough evaluation of both parties' needs and financial capabilities. In the case of a two-year marriage, factors such as the contributions made by each spouse to the marriage, the earning capacity of each spouse, and the standard of living established during the marriage are meticulously assessed.

Determining Alimony in Short Marriages

It is important to present evidence to show why an award of support is justified. This includes covering issues such as:

• Economic Dependency: If one spouse significantly depends economically on the other due to the marriage, this dependency will be a critical factor in the alimony determination.
• Earning Capacities: The court examines the current and potential future earning capacities of both spouses, considering any sacrifices one spouse made for the other's career advancement or for the family's benefit.
• Standard of Living: The lifestyle the couple maintained during their marriage serves as a benchmark for determining the need for support with a goal of enabling both parties to maintain a reasonably similar standard of living post-divorce.

It’s important to note that alimony arrangements are not set in stone. They can be modified based on significant changes in circumstances such as a substantial increase in the recipient’s income or decrease in the payor's income, cohabitation of the receiving spouse with a new partner, retirement of the paying spouse, or other relevant changes. It is important to work with an attorney to ask the court to approve a change in alimony before making it, however, because alimony obligations are set by court order.

Short-Term Marriages and Alimony

In California, the length of the marriage is a significant factor in determining alimony. For marriages considered "short-term," generally less than ten years, the rule of thumb is that support may be granted for half the length of the marriage. Therefore, after a two-year marriage, you could be eligible for alimony for one year. However, this is not a guarantee and depends on other circumstances as well.

Factors Influencing Alimony Awards

Several factors can influence whether alimony is awarded in short-term marriages:

• Financial Need and Ability to Pay: The court will assess the financial need of the requesting spouse and the other spouse's ability to pay. This includes examining both parties' current income, living expenses, and future earning potential.
• Standard of Living During the Marriage: The lifestyle you and your spouse maintained while married sets a benchmark. If one spouse cannot meet this standard independently due to the divorce, alimony may be considered.
• Contributions to the Marriage: This includes not only financial contributions but also non-monetary contributions, such as homemaking or supporting the other spouse's career.
• Employment Impact: If one spouse's earning capacity was affected by unemployment or underemployment due to domestic responsibilities, this could justify an alimony award.

Navigating Your Alimony Request

Given the complexities surrounding alimony, particularly after a short marriage, it's crucial to have skilled legal representation. An experienced attorney can help you present a strong case for alimony by:

• Gathering and presenting evidence of financial need and the other spouse's ability to pay
• Demonstrating how the marriage affected your earning capacity
• Arguing for a fair consideration of the standard of living established during the marriage

Whether or not alimony is awarded, planning for your financial independence after a short marriage is essential. This might mean reassessing your career goals, updating your skills, or furthering your education. Remember, alimony is viewed as a bridge to financial self-sufficiency, not a permanent solution.

Contact Holstrom, Block & Parke, APLC

If you're going through a divorce in California and wondering about your eligibility for alimony after a short marriage, we're here to help. At Holstrom, Block & Parke, APLC, we understand the unique challenges you're facing and are ready to advocate effectively to help you reach your goals. Call us today at 855-426-9111 or online to schedule a consultation. Let's work together to navigate your divorce and secure the best possible outcome for your future.

When your marriage has lasted for decades, the intense emotional and financial entanglements make the process of divorce much more complex. For those in California who have shared a life with their spouse for 20 years or more, it is only natural to have questions about alimony, which is officially referred to as spousal support. Whether you are the recipient of support payments or under obligation to pay support, the payments can have a tremendous impact on your life for years to come.

At Holstrom, Block & Parke, APLC, we understand the nuances of assessing spousal support obligations at the end of a long-term relationship. While each situation is unique and the issues are based on the specific facts presented, here are some general guidelines to consider.

Long-Term Spousal Support in California

In California, the distinction of a marriage as "long-term" carries significant weight in the realm of alimony considerations. This classification contrasts sharply with the guidelines typically applied to shorter marriages, where spousal support, if awarded, is usually limited to half the marriage's duration.

For those in long-term unions, there is the potential for the court to award support on an indefinite basis. A marriage is considered to be long-term if it lasts ten years or more, so a 20 year marriage definitely qualifies as a long-term relationship. However, there is no guarantee of support in any situation, so it is crucial for a spouse seeking support to show why they need support and how long that support should continue.

The Process of Determining Long-Term Support

To achieve a fair and adequate alimony arrangement, it is important for your attorney to ensure that the court reviews all the factors that weigh in your favor, including:

• Thorough Financial Analysis: A comprehensive review of both spouses' financial declarations is pivotal. This includes all sources of income, assets, debts, and monthly expenses to accurately gauge the need for support and the ability to pay.
• Earning capacity of both parties: In a long-term marriage, one spouse has generally focused on building a career while the other spouse puts more energy into home life. After two decades, this leads to a huge disparity in earning capacity. Alimony payments can provide to the lesser-earning spouse while they develop their earning potential.
• Duration of Support: While "indefinite" support may be a possibility, the actual term can vary greatly. Factors such as the recipient’s efforts towards becoming self-supporting and any mutual agreements made during divorce negotiations play a critical role.

Engaging a knowledgeable attorney who understands the nuances of California alimony laws is crucial. Legal counsel can effectively argue for a fair support arrangement that reflects the marriage's length, the spouses' contributions, and their future financial prospects.

Factors Affecting Alimony in Long-Term Marriages

Several factors come into play when determining alimony after a long marriage:

• Standard of Living: The lifestyle established during the marriage sets a target for alimony. The goal is to ensure that both parties can maintain a reasonably similar standard of living after the divorce.
• Contributions to the Marriage: This includes not only financial contributions but also the role of homemaking, raising children, and supporting the spouse's career or education.
• Financial Resources: The court will examine both parties' current financial resources, including their assets and obligations.
• Age and Health: The age and health of both spouses are critical considerations, especially in long-term marriages, as they can impact earning capacity and the need for support.

Securing Your Financial Future

After a 20-year marriage, re-entering the workforce or adjusting to living on a single income can be daunting. Alimony is a tool to ease this transition. Here are steps to secure a fair arrangement:

• Gather Financial Documentation: Start by compiling thorough documentation of your financial situation, including all income, assets, debts, and living expenses.
• Understand Your Needs: Consider your immediate and future financial needs, including your retirement plans, health care costs, and any retraining or education you may need to become self-sufficient.
• Consult Professionals: An experienced divorce lawyer can offer invaluable guidance on what to expect and how to negotiate or argue for the support you need. As you move forward, a financial professional can help you establish realistic plans for the future.

Alimony Modifications and Termination

It's important to note that alimony agreements are not set in stone. Changes in circumstances, such as retirement, significant changes in income, or the recipient's remarriage, can warrant a modification or termination of spousal support. Staying informed and proactive about these changes is crucial for both parties involved.

Contact Holstrom, Block & Parke, APLC

Divorce after two decades of marriage is more than a legal process–it's a significant life transition. At Holstrom, Block & Parke, APLC, we approach each case with the compassion, understanding, and experience it deserves. Our goal is to ensure that you are supported legally and emotionally through this time.

If you're facing a divorce after 20 years of marriage in California and have concerns about alimony, let us help. Our team is adept at navigating the complexities of long-term spousal support and is ready to advocate for your needs and rights. Call us today at 855-426-9111 or online to schedule a consultation. Together, we can work towards securing a stable and fair financial future for you.

At one time, alimony was an automatic part of divorce, but that is no longer the case. If you want to receive alimony, you need to be prepared to show why support payments are justified under the law based on your specific circumstances.

How do you do that? The easiest way to start is to work with an experienced family law attorney who understands the factors courts find persuasive in alimony determinations. While the process of petitioning for alimony will differ according to your situation, here are some general guidelines that apply when seeking alimony in California.

Consider the Divorce Process You are Using

If you are divorcing through mediation or the collaborative process, the method of requesting and demonstrating a need for alimony will be different than if you are engaging in litigation. In collaborative divorce, for instance, your attorney will be negotiating for alimony. If alimony is included in your divorce settlement, it will become an enforceable court order once the divorce is finalized, just as if the judge had ordered it in litigation.

Regardless of your divorce process, you will need to be ready to demonstrate justification for alimony and have legal arguments to support the amount and duration of payments you are seeking.

Petitioning for Temporary Alimony in California

Although the term alimony is still commonly used, California officially uses the term spousal support. This type of support is available not only during and after a divorce but also after a legal separation or in situations where a restraining order is in place in a domestic violence case.

If you have financial needs while the divorce is in progress, you can ask the court for temporary spousal support as soon as the family law case is filed in court. Spouses may agree on an arrangement for temporary support, or if they cannot agree, the judge will decide, often based on a math formula. In many cases, judges will establish an amount that is equal to 40% of the higher-earning spouse’s income minus 50% of the lower-earning spouse’s income. Or the court might look at the net monthly income and expenses of the spouse requesting support, determine the shortfall, and award that amount if the other spouse has the apparent ability to pay it.

To start the process, a spouse would file a Request for Order form explaining what the desired payments should be and why the amount is justified. It will be necessary to describe facts that support the request. In addition, a requesting spouse will need to submit an Income and Expense Declaration with supporting documentation. It can be very helpful to have an attorney assist with the process.

Requesting for Long-Term Support

The process of obtaining long-term support to be paid after the divorce is finalized can be much more complicated, particularly in situations where a marriage lasted more than ten years. Courts are required to consider a great number of factors when determining whether to award support, and the amount and duration of support. That means the spouse requesting alimony will need to submit a large quantity of information backed by appropriate documentation.

This information includes data about:

• The applicant’s marketable skills and data on the job market for those skills
• The amount of time and money required to develop current skills or acquire other marketable skills
• The extent to which the applicant’s earning capacity is reduced by periods of unemployment while the applicant focused on home life
• How the need to care for dependent children impacts employment ability of the applicant
• Any history of domestic violence
• Debts, ongoing obligations, and assets of each spouse
• Contributions the applicant made to the education and career of the other spouse
• The standard of living enjoyed during the marriage

A spouse seeking support should be prepared with information regarding each of the statutory factors described in Section 4320 of the California Family Code, as well as any additional evidence that explains the need for alimony.

Regardless of whether your divorce is handled through litigation, mediation, or collaborative divorce, you and your spouse can reach an agreement out of court regarding alimony. If the judge approves your arrangement, then it will be incorporated into the divorce decree as an enforceable court order.

If you do not come to an agreement, you will need to include alimony as one of the issues you are asking the court to decide in a trial. It is a good idea to work with an experienced attorney if you are engaging in litigation to settle terms of your divorce.

Holstrom, Block & Parke, APLC Can Help You Meet Your Objectives for Alimony

Alimony can form an essential component of your efforts to build a new life and move forward during and after a divorce. An issue of this importance and complexity deserves skilled legal attention.

At Holstrom, Block & Parke, our experienced attorneys offer the benefit of 300 years of collective experience helping clients gain advantageous terms for alimony and other aspects of their divorces. Schedule a consultation with our team to learn how we can help you receive the support you deserve.