Providing Divorce Mediation Services Throughout California
Spousal support is one of the most complicated conversations in family law. Having to pay spousal support post-separation can be frustrating. And, not receiving enough Spousal Alimony after divorce, can be very scary.
The amount of spousal support, the length of time spousal support is to be paid, and even how spousal support is collected have fueled millions of hours in court hearings and trials.
Unless you both agree to waive your spousal support rights, alimony is mandatory according to California family laws. But even if it is mandatory, there are ways that spousal support would not be paid.
If both spouses are self-supporting at or above the marital standard of living, the recipient has committed domestic violence against the paying spouse, or the recipient accept a buyout, you may be able to avoid paying spousal support in California.
This article explores California spousal support in detail, including four ways to avoid it and the best options for resolving alimony disputes.
Alimony and spousal support are synonymous. Alimony or spousal support is a financial agreement in which the ex-spouse pays financial support to the other spouse after a divorce.
Generally, spousal support is paid monthly with additional payments for irregular income like bonuses or overtime.
Alimony helps the spouse who needs support to maintain their standard of living or pay bills during a new financial reality until the spouse is able to cover their own living expenses.
The following are the two types of alimony in California:
It is paid while the parties are divorcing. The courts may use DissoMaster to calculate temporary spousal support. The spousal support amount will result in the higher-earner spouse receiving 60% of the family net income and the lower-earner spouse receiving 40% of the family net income.
For more information, you can check our featured article on receiving temporary alimony
This spousal support is also called long-term spousal support. A high-income divorced spouse pays this to the other after finalizing the divorce. You can use the support calculator and California Family Code section 4320 to determine this support.
Understanding a few family codes and the following scenarios can help you either avoid or minimize alimony payments in California. The following factors influence alimony payments.
A prenuptial or postnuptial agreement can prevent many alimony disputes. Such marital agreements allow couples to agree beforehand on whether spousal support would be awarded in the event of a divorce.
California’s Family Code 1612 states that couples can agree to waive spousal support in a prenup or postnup.
However, for these agreements to be valid in court, the following conditions must be met:
Spousal support is meant to help a financially dependent spouse transition to independence. You can argue against spousal support if your ex-spouse is capable of supporting themselves.
Family Code 4320 puts a lot of weight on how much each person can earn when determining spousal support maintenance.
A family court may take into account the other spouse’s education, work experience, and current employment to award alimony. You can make your case strong and prove your spouse’s financial independence with your spouse’s paychecks, job proposals, or vocational assessments.
Yes, domestic violence can impact alimony decisions in California. If your spouse is found to have committed domestic violence against a supporting spouse, you may not be required to pay spousal support.
You can prove your spouse’s cohabitation or remarriage to end or minimize spousal support duties in California. Actually, in California, remarriage or cohabitation leads to the presumption that the supported spouse’s financial need has decreased.
Let’s see in the light of California’s family codes how remarriage and cohabitation affect alimony.
*Remarriage and Alimony: According to California Family Code 4337, alimony automatically terminates when the supported spouse remarries unless the divorce agreement specifically states otherwise.
*Cohabitation and Alimony: Under California Family Code 4323, cohabitation doesn’t automatically end alimony but creates a presumption that the supported spouse’s financial need has decreased. Thus, it can be used to reduce or end spousal support.
The spouse paying the support can prove cohabitation, preferably through:
Once it is proved, the court may adjust or discontinue spousal support depending upon the reduced financial need.
No, It’s not mandatory in California to pay spousal support to your spouse.
The court will be less likely to award spousal support if both spouses have similar incomes. The following factors influence alimony payments.
The high-earning spouse pays the alimony to the other spouse because of income disparity. The higher the income disparity, the more spousal support will be needed for a longer period of time.
However, the court also considers each individual’s income capacity (future income potential, age, education, and work experience) before awarding alimony
The spouses’ marriage length (long-term, mid-term, short-term, etc.) also influences support orders. The general rule is spousal support is paid for half the length of the marriage for marriages that are less than 10 years of length.
For marriages that are 10 years or longer, the court will not include a termination date.
Basically, the judge must give the parties time to see if the supporting spouse has been able to become self-supporting. The paying spouse can request the court to terminate at a later time – the general thought is after half the length of the marriage plus one year.
Divorce brings significant changes in couples’ lifestyles. During marriage, couples share debts, property, accounts, and assets.
However, after the divorce, a lower-income spouse may be vulnerable to maintaining a marital lifestyle. That’s why a court orders an alimony for that spouse’s continual and consistent lifestyle that he/she used to have during marriage.
Hence, the standard of living during marriage will also be considered a significant factor when awarding alimony to the low-earner spouse for the sake of compensation.
Physical and mental health can factor into the amount of spousal support in California.
Suppose one spouse has mental, physical (chronic illness, disability, etc.), or emotional health issues, and his/her deficiency limits his/her ability to work or be self-sufficient. In that case, the other spouse is likely to pay the alimony.
Some other factors that influence the support orders are:
The low-income spouse’s ability to become self-sufficient again
Litigation for spousal support can be unpredictable, stressful, and expensive while taking a significant amount of time and hurting financial security.
While mediation empowers spouses to control the outcome and reach a mutually consensual spousal support agreement outside the court.
Another value? Mediated settlements for spousal support remain cost-effective, faster, and confidential, unlike the court.
Our mediation lawyers at Families First Mediation also save the cost of hiring a separate attorney.
You can use mediation to avoid alimony. How? One creative way is to terminate your spousal support by trading it off with the receipt of your asset. However, this may need your spouse’s agreement.
Want to know more creative ways to eliminate your spousal support? Schedule your free video consultation with Families First Mediation.
Alimony awards in California vary from case to case, depending upon specific circumstances.
Spousal support in California is roughly calculated in this way. Subtract 60% of the low-earner spouse’s income from 40% of the high-earner spouse’s monthly income.
For example: One spouse makes $10,000 while the other earns $4,000. Now subtract 2400 (60%) from the higher earner’s $4,000 (40%). The spousal support award will be $1600.
Yes, it is possible to get a divorce in California without paying spousal support to your spouse if you meet the following requirements, including but not limited to:
Families First Mediation is a pioneer in the field of divorce mediation. Our entire divorce mediation team takes great pride in being active trainers, divorce mediators and teachers of mediation in the greater California area. If you are considering a collaborative divorce, legal seperation or looking for a san jose divorce lawyer we have services that may be beneficial to you. Take advantage of our vast expertise and background in the field of divorce mediation and our genuine desire to help with your divorce mediation services.
