When it comes to spousal support or alimony, the question of whether it is always awarded in a divorce or not frequently comes up. In California, the answer isn’t as straightforward as one might hope. It’s not a given that alimony will be awarded in every case. Instead, it’s a decision made based on several factors and circumstances unique to each marriage. In this month’s blog, we will walk you through how alimony works in California.
The Basics of Alimony in California
Alimony is intended to provide financial support to a spouse who may need it following a divorce. The idea is to ensure that both parties can maintain a standard of living reasonably close to what they enjoyed during the marriage. However, alimony isn’t automatically granted; it’s subject to judicial discretion and evaluation of multiple factors.
When considering spousal support, California courts look at the length of the marriage, the earning capacity, and the needs of each party. They also use phrases like “reasonable period of time” and “reasonable” to determine how long a supported spouse might need to be supported.
Related: Learn more about alimony and child support here.
Temporary vs. Permanent Alimony
In California, there are different types of alimony that can be awarded: temporary and permanent. Temporary alimony, often referred to as “alimony pendente lite (APL),” is support awarded during the divorce process to help the lower-earning spouse maintain financial stability until the divorce is finalized. This type of support aims to keep things as stable as possible during a tumultuous time.
Permanent alimony, on the other hand, is awarded as part of the final divorce decree. However, the term “permanent” can be misleading because it doesn’t necessarily mean lifetime support. Instead, it can last for a specified period, particularly in marriages of shorter duration. For longer marriages, there’s a greater likelihood that support will be awarded for an extended period, but even then, it’s subject to modification.
Modifying or Terminating Alimony
Circumstances can change, and with them, so can alimony arrangements. In California, either party can request a modification of alimony if there’s a significant change in circumstances. This could include a change in income, employment status, or even the financial needs of the recipient. Additionally, factors such as the remarriage of the recipient or the death of either party can influence the division of retirement accounts and the termination of related alimony payments in a California divorce.
Related: Learn more about how the division of retirement accounts works in a California divorce here.
Conclusion
This process can be stressful and confusing, but Family Law Richard E. Young & Associates is here to help. We help you whether you are the paying party or the receiving party. Our lawyers represent clients in Lake Forest, CA, and other communities throughout Orange County. Call us at (949) 951-9529 or visit our website at richardeyoungattorney.net to schedule a consultation.
