Alimony is a very crucial matter in most divorce cases. If a marriage has lasted for a considerable period, there will likely be an alimony issue to discuss during its dissolution. The partner who pays the alimony and how much should be paid varies from one case to the next. It helps to understand everything regarding alimony if you are going through a divorce and anticipate the issues that could arise during your divorce proceedings. An experienced family law attorney can answer all your questions, study your case details to discuss your options, and fight to protect your rights until you obtain a fair outcome. Here are some of the issues regarding alimony you should consult with your attorney beforehand:
What Does Alimony Entail?
Alimony refers to the amount one spouse pays the other after a divorce. The payment is usually made to support a low-income partner so they can maintain the same or similar lifestyle they did during the marriage. Alimony payments are typically made monthly. However, the paying partner can split the monthly payment into two bi-weekly payments. Normally, the law does not specify how paying partners should pay alimony. Spouses can negotiate the best payment method for both of them.
During a divorce proceeding, your attorney or your partner's attorney can raise the alimony issue if you or your partner require financial support after the divorce. The judge will rule the matter based on the evidence and arguments the attorneys present in court. If the judge orders you to pay alimony, you will send the specified amount to your ex-partner per the judge’s final ruling. If your partner is ordered to pay alimony, they must adhere to the guidelines provided by the judge in the final ruling.
Note: In some cases, alimony is referred to as spousal support. If you and your partner are doing well financially, the alimony matter will not be discussed during your divorce. It only applies in cases where one spouse requires financial support after divorce.
Are There Different Types of Alimonies Under the Law?
Under California law, there are two main types of alimony. You can qualify for one or both, depending on your case's circumstances.
You can qualify for temporary alimony before the judge finalizes your divorce. This alimony ensures you are well provided for before the judge makes the final ruling in your case. If you do not have any income, or what you earn is insufficient for your needs, and your partner earns more than you, the judge can order them to pay a particular amount as you await the final verdict on your case.
You could also qualify for alimony after judgment. This is the most common type of alimony, usually the financial support you receive from your partner after a divorce. If the issue of alimony comes up in your divorce case, the judge’s final verdict will determine how, when, and who will pay the alimony.
The temporary is not determined in the same way as the alimony after the final judgment. You can discuss the amount of support you or they need with your partner before your divorce is finalized. If the judge makes a final ruling after your divorce, they must adhere to the set laws.
Who Qualifies for Alimony?
The law does not specify the criteria judges must use to determine whether a spouse qualifies for alimony after a divorce. Judges make final rulings in alimony matters on a case-to-case basis. For example, you could be eligible for alimony if you are married. However, judges mainly consider couples who have been together for a considerable period. Even though no specific marriage period qualifies a partner for alimony, your chances of receiving spousal support increase if you have been married for several months or years.
Remember that the essence of alimony is to enable the low-earning partner to support the lifestyle they had while in marriage. It is difficult to tell the exact lifestyle you are accustomed to if you have only been married for weeks or a month. It could be challenging for the judge to determine whether or not you deserve alimony if your marriage is short. But if you have been married for over a year, you could qualify for spousal support.
However, recall that spousal support is only necessary if one spouse earns considerably more than the other. If both partners earn considerable amounts or are low-income earners, the issue of alimony will not arise in the divorce proceedings.
How Long Will The Alimony Last?
Again, the law does not specify when a low-earning partner must receive spousal support after a divorce. Judges determine this period on a case-to-case basis. But what you should know is that you will not receive alimony for the rest of your life unless under specific circumstances, for example, if you are physically or mentally incapable of earning a living. It helps to understand this well to prepare for when you will no longer have spousal support and have to fend for yourself.
Typically, judges consider how long you have been married to determine whether you will receive alimony or must pay it. However, they cannot award alimonies for long or short periods. If you have been married for at least ten years, you could receive or pay alimony for half of that period (five years). Judges calculate the duration of your marriage from the date you got married to the date you separated.
But take your time assuming that the judge will rule your case this way. The judge can award a long period of alimony for a short marriage or a short period of alimony for a long marriage. Your family law attorney can help you understand your situation better to prepare you for the judge’s ruling.
How is Alimony Paid in Case of an Unstable Income?
People do not earn in the same way. While some people's income is guaranteed every month or year, it is different for others. Some people’s income is unpredictable. Other people’s careers require them to work overtime to make sufficient money. If you or your partner is in that situation, your attorney can help you understand how to pay alimony if your income is unstable.
Sometimes, the judge must fix a particular amount of alimony to allow flexibility for high-income-earning partners whose income is unstable. The judge can allow your alimony to fluctuate as your income fluctuates. The judge could order you to pay a particular percentage of your earnings, instead of fixing a specific amount. These are some of the issues that complicate alimony matters, but you can navigate easily with the assistance of a skilled attorney.
If you are a high-income partner with no stable job or income, it is advisable to bring the issue up in court during your divorce proceedings. The judge will consider that to provide a final ruling. If you are receiving alimony and your partner’s income is unstable, understanding this matter will prepare you for what to expect.
What If I Cannot Afford Alimony?
Once the judge issues the final verdict on how and when you must pay alimony, you could be held in contempt of court if you fail to make alimony payments. Your attorney will advise you to honor all court orders after your divorce to avoid facing legal issues. However, it could be challenging to honor an alimony order if your income is insufficient to make payments, according to the judge’s final ruling. In this case, it is advisable to consult with your attorney about your options. Your attorney can help you petition the court to modify the alimony.
There is no guarantee that things will remain the same after a divorce. You could lose your job or part of your income, making meeting all your financial obligations difficult. If you are paying alimony and child support, the burden could be significant. But family courts allow for modifications to alimony if your financial situation changes. You will likely face legal problems if you fail to pay alimony or pay it partially.
Once you submit a request to the court to modify your alimony, the judge will review your case and your current financial situation to accept or deny your request. The judge will grant your request if you have valid grounds to petition for alimony modification. They will issue a new order according to your financial ability.
What To Do If I Do Not Receive Alimony?
Suppose you are a low-income partner after your marriage dissolution, and the judge orders your partner to pay alimony to you. In that case, you will receive the money steadily for the specified period. Your partner must keep up with the payments to avoid legal issues. However, this only sometimes happens. Some partners do not keep up with alimony payments as ordered by the court for various reasons. If your partner is facing financial troubles and cannot make timely or complete payments, your attorney can guide you on the right approach to handling the matter amicably.
However, if your partner violates the court orders and fails to pay alimony on time or in full, you could take legal action against them. But before that, allow your attorney to follow up with your ex-spouse to determine their reason for failing to pay alimony. Your action after that will depend on what your attorney finds as the reason for their failure to make prompt payments.
You can engage debt collectors or take other measures, including wage garnishments, to recover or compel them to make timely and complete payments. You could also file a case against them for contempt of court order. Your attorney will review the matter beforehand to advise you on the best action.
Is There Permanent Alimony?
The law does not provide for permanent or lifetime alimony, but people use these phrases in cases where one partner has to pay alimony for a long time or until the death of one or both parties.
Remember that judges determine how long you must pay or receive alimony after a divorce. Some cases call for a short period of alimony, while others require a long time. The judge can order you or your partner to pay alimony until one or both of you remarry or die. That could take a long time, especially if you are still healthy and can live for several years.
However, the judge’s verdict after your marriage's dissolution is usually not bonding. There is room for modification if circumstances change. For example, if the low-income partner starts earning, there will be no need to continue with alimony. However, if they cannot earn a living, the payments can continue until one or both parties die.
The partner receiving alimony can petition for lifetime or permanent alimony. Although alimony should typically end with the death of one or both parties, the circumstances of the case could compel the judge to make a different ruling.
Will Cohabitation Affect Alimony?
Cohabiting is one issue that can affect alimony. If your partner is paying alimony, you could lose it all if you cohabit with another person (a non-marital partner) within the alimony period. Your ex-spouse can request that the court modify the alimony clause based on changes in your relationship status. After reviewing your case, the judge can order reduced or zero payments.
Thus, the judge’s final ruling after your divorce is usually subject to modification. It is advisable to speak to your attorney to understand some issues that could affect your alimony. That way, you will avoid making mistakes that could result in canceled payments, especially if you need alimony to meet your basic needs.
If you are paying alimony and you learn that your partner is cohabiting with another person, do not rush to the court seeking alimony modification. Take time to discuss the issue with your attorney. The judge will require concrete evidence that your partner is indeed cohabiting. You must investigate the matter to ensure that the other person is not just a roommate but a cohabitant. If you have solid evidence (it can include eyewitness testimonies), you can petition the court for the modification of alimony.
Can The Judge Deny an Alimony Petition During a Divorce Proceeding?
When petitioning the judge for alimony in divorce, you must prepare for a yes or no response. The judge must review your case details and determine whether alimony is needed to accept or deny your petition. The truth is that judges do not grant all alimony requests they receive in divorce proceedings. They only grant valid petitions. Thus, if you are asking for alimony to punish your partner or to gain an advantage over them, chances are that the judge will figure that out and deny your request.
If your partner seeks alimony and you are not okay with it, you can fight it in court. Discuss it with your attorney. Your attorney will gather evidence and prepare compelling statements to fight the petition.
Remember that not all divorce cases end with alimony and child support payments. The judge will determine your case according to its specific facts. If you or your partner do not need spousal support, your divorce settlement will have zero spousal support. However, there must be room for modification if situations change in the future.
Thus, if you earn almost the same amount as your partner, the alimony issue will not arise during your divorce. If you earn more and your partner is comfortable with their earnings, the judge will not discuss the alimony issue. If your partner earns more and you are comfortable with your earrings, you will not raise the alimony issue in court.
But if you have been married for a long time, do not waive alimony forever. It is advisable to allow the court to make modifications if needed. For example, if you or your partner loses their job permanently or suffers a grave medical condition, they should be able to petition for spousal support.
Find a Competent Family Law Attorney Near Me
If you are going through a divorce, the issue of alimony could come up at one point or another. It is good to gather as much information as possible to prepare yourself for what is ahead. If you or your partner are the low-income partner in your marriage, the judge can grant alimony for a predetermined period. The amount and payment period will depend on their need for spousal support and how much the paying partner can afford. The judge can also modify that decree in the future if a need arises.
At San Diego Family Law Attorney, we have all the information you need about alimony and any other issues you could face during your divorce. Depending on your case's circumstances, we can help you petition for or fight an alimony petition in court. We can also advise you on your options, depending on the outcome you expect from your divorce. Call us at 619-610-7425 if you need our help in San Diego.
