August 05, 2020

California Alimony Laws

Going through a divorce is a difficult experience for various reasons, but one of the most trying aspects of a divorce is working out spousal support payments, also called alimony. Spousal support payments are the amount of money one spouse must pay the other in the event of a legal separation or divorce.

The amount, along with the length of time the payments will continue, can be difficult to calculate. Often, a judge must make a determination. Hiring a family law attorney is an important step to ensure that your interests are looked after and the judge hears your concerns regarding alimony payments.

Below, we’ve outlined the major elements of California alimony laws.

How Are Spousal Support Payments Calculated in California?

To start spousal payments, a court case must be established. This usually happens when you file the initial paperwork for divorce. At this point, you can request temporary spousal payments. The court will use a formula to calculate how much the temporary payments will be.

For the final spousal support payments to be ordered, the judge uses the following factors in determining the amount:

  • The length of the marriage or domestic partnership
  • The standard of living during the marriage
  • How much each person can pay to maintain the same standard of living
  • Whether having a job would make caring for children too difficult
  • The age and health of both parties
  • Debts and property
  • Whether one spouse helped the other in terms of career and education
  • Whether there was domestic violence in the relationship
  • Whether one person’s career was impacted due to caring for children
  • The tax impact of spousal support

Can Spousal Support Payments Be Altered?

Under certain circumstances, spousal support payments can be altered at a later time. Perhaps the paying spouse has had a substantial decrease in income or the receiving spouse is not making any efforts to secure employment. Your California family attorney can assist you with getting alimony payments altered.

Call a California Family Attorney

Hopefully, some of your questions regarding California alimony laws have been answered. If you have additional questions or would like to discuss your options with a California family law attorney, call the Law Office of Laurence J. Brock. We offer a case review when you complete our contact form below or call us at 909-466-7661.

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