After divorce, a California family court could order spousal support if one spouse earns a lower income that cannot sustain the lifestyle they were enjoying before the divorce. The spouse earning more money will be expected to send a specified amount to the one making less for a predetermined period, at least until the latter gains training and skills needed to make enough for their needs. Spousal support is necessary for both men and women and is granted at a family court’s discretion.
Many alimony-paying divorcees ask how long they will be expected to pay alimony to their spouses. That is dependent on several factors, as will be discussed in this text. It is advisable to find an experienced family law attorney in San Diego for more information and guidance on spousal support and the divorce process.
Factors Determining How Long Spousal Support Should Last in California
If you are going through a separation or divorce in California, you could be worried about many issues, including how you will manage to live on your own and cater to your needs without the help of your partner. Marriage partnerships make it easier for couples to manage their bills, especially if both work and share bills. Fortunately for you, you can apply for spousal support if your partner earns more than you to manage some bills while you find a way to increase your income.
Most divorce cases in California involve two partners with completely different earning abilities. If the court decides to grant spousal support to one partner, the partner with a higher earning capacity will be required to send a certain amount to the other partner, even after their divorce is final. If you are the partner making more in your marriage, you will want to know how long you will be required to pay alimony. That should help you plan your finances well.
Divorce cases are different from one couple to the other. Not one issue is the same as the other. Therefore, what worked for a particular couple will not apply well to your case. That is why you need the help and guidance of a competent family law attorney to ensure that all your needs and wishes as a couple are met even after divorce.
The length of time in which one partner pays alimony to the other is dependent on several factors, including:
The Length of Your Marriage
Spousal support is generally temporary. A spouse earning more is only required to pay alimony to his/her partner for a specified period. The length of their marriage partly determines the duration. If your marriage only lasted less than ten years, you could be ordered to pay alimony for half the marriage duration. For instance, if you were married for only six years, you will be expected to pay spousal support for only three years. The ten-year rule applies to specific cases, and the judge has the discretion to increase or reduce the length of the payment period based on the facts of your case.
If you have been married for more than ten years, California family law considers your union a long-term marriage. In that case, the judge will not set a specific period for spousal support payment. Other factors will come into play, including the ability of the low-income partner to acquire skills that will help them increase their income.
Sometimes alimony payment could go on until one partner remarries, the high-income partner retires, or one partner dies. In that case, the receiving partner will have to seek alternative means of catering to their bills since they can no longer depend on their partner for financial support.
Marital Agreements
Before or during the marriage, some couples often consider entering into agreements regarding their money and assets and how they should be divided in case of a divorce. Prenuptial and postnuptial contracts could dictate the amounts and how long you will pay or receive alimony to/from your spouse after divorce. However, the court will first determine the validity of the marital agreement. If the deal is valid, the court will uphold its terms. But if the agreement is invalid, the court will follow family law provisions to determine how much and how long the high-income partner in the marriage will pay alimony.
For instance, if your marriage was long-term, and you had a pre or post-nuptial agreement stating that the low-income partner will only receive a once-off payment after divorce, or payments for only a few months, the court will uphold the agreement even if the low-income spouse deserves to receive alimony for the remaining part of their life.
California family law allows spouses to enter into any agreement, even if it will deviate from the assumption that all property obtained during the marriage is a community in nature and should be shared equally after marriage. A judge will likely consider the agreement as long as both partners are equally involved in it.
A Negotiation
A divorce is not easy, especially for a partner who feels that they could lose more finances after their marriage ends. Some marriage partners live off their spouses' income and find it hard to cope with a separation or divorce. The high-income partner could be willing to pay some alimony after divorce, but the money is not enough to cater to the needs of the low-income partner. Or the period the high-income partner is willing to pay alimony could be short and not enough for the low-income partner to acquire training and skills to earn enough for their needs.
In that case, the low-income partner could involve a mediator to negotiate better spousal support payments with the high-income partner. A successful negotiation could increase or reduce the payment periods and/or the amounts. If you are a low-income partner, the negotiation could favor you if the mediator manages to convince your partner to pay alimony for a more extended period. The family court judge will uphold any agreement the couple makes with the mediator's help. Therefore, even if you have been married for a few years, you could pay or receive alimony payments longer than the law provides.
The End of a Court Order
Some divorce cases are smooth, while the others are difficult. Sometimes divorce partners fight a lot and will not agree on anything during the divorce process. In that case, the judge makes the final ruling regarding the amount and duration of spousal payment, which the couple must abide by or face the consequences for contempt of court order.
Couples that do not have a prenuptial or postnuptial agreement could agree outside the court with the help of a mediator. If that is still not possible, they will have to wait for the judge to study the details of their case to make a ruling. The judge will consider several factors, including the length of your marriage and how much income you make as a couple. The judge will also consider the financial needs of you and your partner and how each of you will meet those financial needs. If one partner needs financial support from the other, the judge will decide who that will be, how much they must receive, and for how long.
It becomes easier if couples agree on supporting each other after divorce. If not, you will have to abide by the conditions given by the judge even if they do not seem fair. Depending on the aforementioned factors, the judge could impose spousal payments for a few years or life.
Age and Health of Partners
Partners' age and health condition also matter when making tough decisions like spousal payment after divorce. Some partners in a marriage cannot work due to their age or health condition. In that case, the judge will require the working partner to support the low-income partner so that the latter can manage their bills and medical needs for the remaining part of their life.
If your partner is young and healthy but earns less during the divorce period, you could be required to pay spousal support to them for a specified period until they can acquire the necessary skills to earn enough money for their upkeep. The judge decides on the amount and payment period then gives an order depending on the circumstances of your case. In this case, you will continue paying or receiving spousal support until the end of the court order.
The Needs of Each Partner
The needs of individual partners differ, even after divorce. Women have different needs from men. The judge considers their diverse needs to determine how long the high-income partner will pay spousal support.
For instance, if you are working but have an underlying health condition requiring regular medical care, and your partner is a low-income partner, the judge will consider your needs to determine how much and how long you should pay spousal support. Your payment period could be lower to allow you to cater to your needs. In that case, your partner will be required to seek alternative means of earning an income to relieve you of the burden of paying spousal support, and then you can take care of your needs.
Note that these issues are dealt with on a case-to-case basis. Therefore, it is important to disclose every information possible to the court to enable the judge to make an informed decision. That way, you and your partner will be satisfied by the judge’s ruling.
The Time the Other Partner Needs to Obtain Education and Training
When younger people divorce, it is easier for them to move on with life because they can make changes to cater to their needs after a divorce. If the low-income partner is willing to learn and acquire some skills, the judge will order the other partner to pay spousal support at least until their partner is in a position to earn a living. The judge will consider the type of education, training, and skill the low-income partner needs to determine how much and how long the high-income partner must pay spousal support. After that, both partners will be financially independent, none of them requiring the financial support of the other.
The Length of Time The Paying Partner Can Keep Up With The Payments
Family courts in California can only order spousal support if one partner is earning more than the other, and the low-income partner cannot sustain their lifestyle after divorce. If the high-income partner is not expecting to continue earning a high income forever, the judge will order spousal support payment for the period the high-income partner will be making more money.
For instance, if you work as a contractor, there is no guarantee that you will sign up for another contract at the end of the one you have. If your contract ends after two years, the judge’s order will go up to the end of your contract period. If you sign another contract after that, the divorce agreement can be modified to continue paying spousal support.
If you run a business, the judge’s order will remain in place until you can make enough profits to maintain your lifestyle and make alimony payments. If you lose your business or can no longer make enough profits, you will not be expected to continue making spousal support payments.
A Partner’s Contribution to the Education and Training of the Other
Some partners can achieve more within marriages than they can achieve independently. Your partner’s contribution to your education, training, and success will be considered during a divorce to determine whether or not they deserve spousal support and for how long. For instance, a husband owes his success to his wife if the wife puts her life on hold to allow her husband to pursue a career and obtain a professional license. The emotional, physical, and monetary support you acquired from your partner to achieve your goals will determine how much and for how long you will pay spousal support.
Similarly, men who have supported their wives in achieving their career goals deserve spousal support if they cannot sustain their lifestyles after divorce. The judge will still consider who earns more than the other and how much they can afford to pay as spousal support.
Spousal Support After Retirement
Note that you can only pay spousal support in California if you work and earn more than your ex-partner. If your time for retirement has come, your partner cannot force you to continue working so that you can continue sending them money. In that case, seek the help of a family attorney to petition the court to stop spousal support.
If you wish or are forced to take early retirement, it could also be the end of your spousal support payments. If you were paying alimony to your ex-partner for several years, it should end after your retirement.
But if the order by the divorce court was for you to pay spousal support for life, like in the case where your ex-partner cannot work due to various reasons, you will continue paying alimony even after retirement. However, you could be eligible for a modification of your divorce agreement so that you can pay less since your income reduces after retirement.
Retirement comes with a significant reduction of income for many Americans. When your divorce agreement was made, the judge considered several factors, including your income, assets, partner’s income, and assets. The judge also considers each of your abilities to support your lifestyle. If these factors change, you will be eligible for a modification of your divorce agreement. Therefore, retirement is an excellent reason to petition the court for divorce agreement modification. It will reduce your financial burden on the amount of spousal support you should pay and for how long.
Spousal Support After Death
Spousal support in California ends with the death of the paying or receiving partner. The spousal support part of a divorce agreement would terminate any existing court order unless the partners had a deal on the same before their death. If there were an agreement that the receiving partner would continue receiving support from the ex-partner’s estate after his/her death, the court would uphold that agreement. But if none such agreement existed, the receiving partner will have to seek alternative sources of income after the death of the paying partner.
Find a Competent Family Law Attorney Near Me
The divorce process in California is complex and sometimes challenging to understand, especially regarding spousal support. An experienced family law attorney can help you know all there is and advise you on the right course of action to take to satisfy your wishes in a divorce. If you want to know how long you will receive or be required to pay spousal support in San Diego, CA, we can help you by studying the details of your case. Our team of legal experts at San Diego Family Law Attorney are very conversant with California family law. Call us at 619-610-7425, and let us help you understand your situation better.
