When married couples divorce, courts sometimes award spousal support or alimony to one spouse based on the court's decision or an agreement between the two. Alimony is usually separate from the division of community property. Family courts decide alimony on a case-to-case basis. So many questions revolve around alimony, including its necessity and how courts determine how much one partner should pay the other and for how long. The law guides judges in decisions like these, including whether alimony is necessary in a particular case, how much money should be involved, and the duration of alimony payments. Here, we will discuss some factors California family law courts use in determining alimony. For more information and help with a divorce case, get in touch with an experienced family law attorney.
Alimony Basics
Marriages are meant to last a lifetime. Sadly, that does not always happen. Separations and divorces are inevitable when married couples start experiencing issues and challenges in their marriage. When two people join a marriage union, they begin building a life together. When a marriage starts experiencing problems and difficulties, the couple must make tough decisions when separating themselves from the life they have created together. That is where the division of property, child support, spousal support, and other issues come in.
Several considerations are made when determining how a divorcing couple will live their lives after the dissolution of their marriage. For instance, property acquired by either or both parties during a marriage must be divided equally among the couple. If children are involved, the couple or the judge must decide where and with whom the children will live. The other party will be granted visitation rights. The judge will guide the couple on how they will support their children's needs until when the children are independent. Lastly, the judge ensures that the two parties will be able to cater to their individual needs after the divorce.
The law champions divorcing couples to continue enjoying the same lifestyle they had before the divorce. Thus, if one partner cannot achieve that lifestyle, the court could order the other party to provide financial support to their partner permanently or temporarily to enable them to cater to their needs after the divorce. The determination of spousal support or alimony is on a case-to-case basis, and the amount is set according to the couple's needs.
The essence of alimony is to minimize unfair financial effects experienced by one partner after a divorce. It provides a continuing income to the lower-earning partner until a time when the partner finds another way to finance their lifestyle. That is partly because some spouses forego their careers to support their partners and families and would require time and financial support to develop skills that could enable them to support their needs after a divorce. The other reason would be to ensure that both spouses enjoy the same lifestyle they did before the divorce.
How California Courts Determine Alimony
In California, alimony is determined by several factors, including the following:
A Spouse's Ability To Work
Some spouses do not have an income during divorce and depend on their earning partner to support their lifestyle. If a spouse lacks a payment, the earning partner must pay them enough money for their needs until this spouse can earn and keep themselves. If the spouse in need of support receives insufficient income, they will need help to meet their basic needs fully. The earning partner will only be required to pay this spouse a percentage of their income.
But the duration of spousal support will depend on whether the spouse needing help has the skills and ability to earn an income. If the spouse can work and earn a living, the judge will order payment of spousal support for a specific period to give this spouse sufficient time to master the relevant skills needed to start working and earning an income.
Spouses that cannot earn a living due to an illness or old age will require spousal support for the rest of their lives.
Spouse's Level of Education and Training
A spouse requiring spousal support could lack the level of education and the training needed to find a job and earn an income. The court will consider the time and resources needed to enable that spouse to obtain the required skills to find a job that would allow them to earn a living and not depend on the supporting partner. In that case, the court will order the supportive partner to pay a determined amount in alimony for the determined duration to allow the spouse that requires support enough to undergo training and find a job.
After that duration, the earning partner could petition the court for a modification of spousal support. The judge can decide to end the spousal support agreement or devise a new deal based on the amount of money each partner makes after the education and training.
Couples' Lifestyle During Marriage
The lifestyle you lived during the marriage should not change after divorce. That is why the judge will award alimony to a partner that does not earn enough income to live the standard of life they did before the divorce. If one partner makes more than the other, the judge will try to strike a balance to enable each to enjoy the same lifestyle, albeit separately.
If the couple worked equally to sustain their lifestyle, there could be no need for spousal support. But if one partner earned more than the other, and their income enabled the couple to enjoy a particular lifestyle, the judge will order the high-earning partner to pay alimony to the other spouse so that the low-earning spouse can also maintain their lifestyle after divorce.
The judge decides to ensure that none of the two suffers after the divorce. One partner could deny the other financial support to punish them after divorce. A judge's intervention ensures that it does not happen that way. The high-earning partner could face legal consequences if they fail to pay alimony as ordered by the court.
Marriage Duration
Some marriages last a short duration while others last a lifetime. Sometimes divorce comes a few months after a wedding, while in other cases, it comes after several years. A marriage duration has minimal effect on alimony. The judge considers the couple's financial situation and how life will be for each of them after divorce.
If you were only married for a few months or years, the judge would still ensure that you could take care of your needs after the divorce. If your partner earns more than you and your income is insufficient to cater to all your needs, the court will order your partner to support you financially until you can fully support yourself. The same will happen if you have been married for years.
Note that the amount of alimony does not increase based on your married years. The main determining factor is the financial needs of the low-earning partner.
A Spouse's Contribution to the Marriage
Judges also consider a spouse's contribution to the marriage, monetary or non-monetary. Financial or monetary support comes from the income you earn. If you are employed or running a business, the judge will consider your income in determining alimony.
Non-monetary comes from everything you have done for your family, excluding earning an income. For instance, if you take care of your children, the home, or a needy family member, or you have supported your partner in their career success, the judge will consider that in determining alimony.
Spouses that have gone out of their way to ensure their partners succeed in their careers and jobs deserve spousal support after divorce until they can earn and cater to their needs. If you care for a needy family member or young children, you will need spousal support for much longer or until the situations change.
Reason for the Divorce
Marriages end for various reasons. The judge can consider some of those reasons in determining alimony. For instance, it can be challenging for an unfaithful spouse to obtain alimony. A dedicated partner will find it hard to offer financial support to a partner that disrespected their union. However, you will need more than mere words to convince the court that your partner was unfaithful, hence the divorce. You will bear the burden of proof. In that case, you must support your claims with irrefutable evidence for the judge to make a fair decision regarding spousal support and other matters regarding your divorce.
For example, pictures, videos, and electronic messages can be used as proof of cheating in a divorce hearing. Thus, it would be best if you started gathering evidence early in the process to ensure that you have a solid case against your partner.
The Spouse's Age
Age is a significant factor in determining alimony in California. People have an age limit beyond which they cannot work to earn a living. If the divorcing couple is of advanced age, the court could order the high-earning spouse to pay alimony to their partner for the rest of their life. The partner will require financial support after a divorce to cater to their needs. If the low-earning partner has a source of income, the judge will consider their income in determining the amount the spouse must receive in spousal support.
If the partners' financial situations change in the future, the high-earning spouse could petition the court for a modification. For instance, if the income for the high-earning spouse reduces over the years, and they cannot support their lifestyle and that of their ex-partner, a judge can modify the order accordingly.
The Spouse's Health
California judges also consider a partner's mental and physical health before determining alimony. One partner could be in perfect health and have the ability to earn an income that could sustain the couple's different lifestyles. If the other partner is physically or mentally ill or unable to work and earn a living for whatever reason, they could require permanent alimony.
A judge will determine the possibility of the sick spouse recovering fully and regaining their earning ability. If that possibility exists, the court will award temporary alimony, an order that should remain in effect until the sick partner recovers fully. But in the absence of that possibility, the high-earning spouse will be ordered to pay alimony for the rest of their partner's life.
If the high-earning partner is ill or institutionalized, they will not be obligated to pay alimony. The judge must consider what will happen once the institutionalized or hospitalized spouse starts paying spousal support. They could eventually depend on the government for financial aid.
A Spouse's Financial Ability to Pay Alimony
The court will consider the high-earning spouse's ability to pay spousal support when determining alimony. The high-earning spouse must make enough money for their needs and more to pay alimony. If that is not the case, then the low-earning spouse must find an alternative way to fund their lifestyle. A judge will not order one spouse to pay spousal support if they cannot do so.
One of the factors the court will consider is whether one or both partners have engaged in voluntary impoverishment. Voluntary impoverishment occurs when one person voluntarily stops working or takes a lower-paying job to avoid paying alimony. If the court establishes that the low-earning partner chose a lower income to receive spousal support or the high-earning spouse decided to live in poverty to avoid paying spousal support, the judge will handle the case accordingly. The judge could decide to stop spousal support for the dishonest low-earning partner or order the high-earning partner to pay alimony regardless of their current earnings, depending on the details of the matter.
Agreements Made Between Divorcing Partners
Couples going through divorce are usually encouraged to resolve specific issues out of court to make the process smoother for themselves or their children (if involved). It brings peace and harmony when the couple goes through the most challenging period. Some couples decide on essential matters like child custody, child support, and alimony payments.
For instance, one partner could feel the need to pay spousal support without receiving a court order. Other times the high-earning partner is willing to give up on some assets to financially empower the other partner so that they will not have to pay spousal support. If an agreement exists and both spouses agree on it, then the court will uphold it and not make any modifications.
Your family law attorney can suggest an out-of-court settlement on the matter and then discuss it with your partner's attorney. If both of you are willing and able to decide without getting emotional, your agreement will be binding. The judge will not have any further say on the matter.
A Spouse's Financial Need To Receive Alimony
Issues revolving around alimony can only be discussed in a family court when there is a need for one party to receive financial support. It usually comes as a suggestion by a low-earning partner who wishes to receive financial support from their partner temporarily or permanently, depending on their financial need. The receiving partner must support their petition with evidence, including their current earnings and how those earnings are insufficient to support the lifestyle they are accustomed to. You must also demonstrate how much your partner earns and the kind of spousal support you need.
If none of you needs financial support from the other, then the judge will not bring the matter up for discussion. Some spouses decide to live a humble life after divorce with their lower income. Others choose to seek spousal support to continue enjoying the same standard of life they lived before the divorce. The court will work on the decision you make as a partner and a couple.
What Each Spouse Receives After Property Division
Property division is an essential step in the divorce process. It ensures that any property acquired by a couple during the marriage is divided equally between them once they separate. Property division provides each partner the means to start life afresh after divorce. If much of the property was acquired by the high-earning partner, and the low-earning partner receives enough property to live a comfortable life, there could be no need for alimony payments. What matters is that each spouse has the financial ability to cater to their conditions after divorce.
In cases where marital property is not enough to support both partner's lifestyles, there could be a need for spousal support for the low-earning partner.
Find an Experienced San Diego Family Law Attorney Near Me
Are you going through a divorce in San Diego and would like to know how family court judges determine alimony matters?
It is advisable to hire a skilled attorney from the beginning of the process. Your attorney will smoothen the process, advise you, and guide you through all legal procedures. Your attorney will protect your rights and interests too. At San Diego Family Law Attorney, we fight alongside our clients for a fair outcome of their cases. Call us at 619-610-7425, and let us study the details of your case.
