Alimony During & After Your Divorce
Spousal support, or alimony as most people know it, is a monthly financial obligation from one spouse to the other. The goal of spousal support is the maintenance of the standard of living from the marriage for the less financially viable spouse while still respecting the situation of the other spouse.
In California, depending on the circumstances of your individual divorce, spousal support may be awarded temporarily, long-term, permanently or not at all. During divorce proceedings, alimony is likely to be a source of stress and emotional disagreements between the parties. While child support obligations may be viewed as necessary and accepted readily, alimony, even when it is truly appropriate, is often fought over by parties as it simply feels horrible to write a check to your to-be-ex! As the owner of Cal Family Solutions in Sacramento, and as a Certified Family Law Specialist*, I offer insights into the “hows and whys” of California alimony and what you can do to ensure fair terms whether you are paying or receiving support.
Factors Considered By The Court When Determining Spousal Support
During your divorce, temporary spousal support can be requested and ordered to be paid to the lower-earning spouse. The temporary amount is calculated using a formula that is designed to equalize the net income available to each of the Parties while the divorce is processed. This is done using a computer program and information such as the gross (pre-tax) earnings and income of each person, the tax filing status of the party including the number of dependents, and other deductions such as health insurance premiums, retirement contributions, and court-ordered child or spousal support paid to another relationship.
Spousal support paid after the finalization of your divorce is not based on a calculation but on the “marital standard of living” and a series of factors aimed at determining what is equitable for the situation. This Post-Judgment spousal support, sometimes called “permanent” support
When determining post-Judgment spousal support, the courts are required to look at a number of factors when determining if alimony is appropriate and the amount and sometimes the limited duration of the obligation. Among them are:
- Duration of the marriage
- Earning capacity of the parties
- Age and health of the parties
- Debts and assets of each party
- Ability of supported party to earn sufficient income without unduly interfering in the interests of dependent children in their care
- Tax consequences
- Did one party cease pursuing goals associated with growth in their career to support the development of the spouse’s career (e.g., pursuit of further education, a particular career or license or certification)
- Balance of hardships
Get Answers To Your Spousal Support & Alimony Questions
Schedule a meeting with me to discuss your situation. To answer questions about alimony effectively, I often need to ask questions of my clients. I can answer questions related to alimony, child support, visitation, property division and general California divorce matters.
Call 916-287-3237 or contact me online to learn more about how I can help you. I serve divorced people in Sacramento and Folsom, and people who live and work in the greater Sacramento area. I accept major credit cards for the convenience of my clients.
*Certified Family Law Specialist by the State Bar of California