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.
Want to talk to a spousal support mediation lawyer to find ways to avoid alimony in California? Book a free consultation with Dina
Haddad.
Alimony (also known as 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.
In this section we will understand temporary and permanent alimony as its types.
Temporary spousal support is paid while the parties are divorcing. The courts may use a temporary spousal support calculator, DissoMaster, to determine the amount of support to be paid.
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.
Related: How to receive temporary spousal support?
2. Permanent Alimony
This spousal support is also called long-term spousal support, and a high-income divorced spouse pays this to the other after finalizing the divorce.
You can modify or get out of paying permanent alimony in California, if you prove in the court that significant change has occurred in the life of the supported spouse.
Example: If supported spouses remarries, or you as payor has retired, incarcerated, disabled, or your income has fallen enough to support them, then in the case you can petition the court to terminate or modify permanent spousal support.
No, It is not mandatory to pay spousal support to your spouse in California. This section would also throw light on when someone has to pay spousal support.
The courts in California could look upon multiple factors regarding alimony in California. Such factors are given below:
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:
You can get rid of paying alimony but it requires a bit of understanding of California alimony laws and legal practices.
Below are the practical strategies, simplified and linked to relevant sections of California law.
A prenuptial or postnuptial agreement can preempt many alimony issues. These marital agreements let couples decide in advance whether California spousal support will be required in case of a divorce.
California’s Family Code 1612 highlights that couples can agree to waive spousal support in prenup or postnup.
However of these agreement to hold up in court, they must meet:
Spousal support is meant to help a financially dependent spouse transition to independence.
If your ex-spouse is capable of supporting themselves, you can argue against paying alimony.
California law under Family Code 4320 gives significant weight to the earning capacity of both parties when determining support.
Learn More: Divorce Without Splitting Assets in California.
Yes, domestic violence can impact alimony decisions in California.
If one spouse is found to have committed domestic violence against a supporting spouse, the supporting spouse may not be required to pay spousal support.
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. Cohabitation of the supported spouse is one of the most straightforward ways to end or reduce spousal support obligations in California.
According to California Family Code 4337, alimony automatically terminates when the supported spouse remarries unless the divorce agreement specifically states otherwise.
Like Cohabitation, it creates a presumption that the supported spouse’s financial need has decreased.
You may need evidence of remarriage (shared leases, joint utility bills, or other proof of financial interdependence). Once proven in the court, the judge may modify or terminate spousal support based on the reduced financial needs
According to Padideh Seyed (the Californian family law expert), marital duration and misconduct can also influence spousal support in California.
She explains that shorter marriages lead to only temporary or no spousal support awards while longer marriages lead to permanent spousal support.
Likewise, marital misconduct (abuse, adultery, etc.) by the supported spouse could lead to denial of alimony if you prove it. However, the impact of marital misconduct on alimony could vary between legal systems.
Book a free consultation with Dina Haddad, an expert spousal support mediation lawyer to settle your alimony issues outside a courtroom and without a lawyer.
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 Spousal support 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. However, it’s roughly calculated this way:
Example: One spouse makes $10,000 while the other earns $4,000. By subtracting $2400 (60%) from high earner’s $4,000 (40%), the spousal support will be $1600.
Who pays California spousal support may depend upon spouses’ marital standard of living during the marriage, marital length, age of each spouse, (financial) needs and health, spouse’s earning potential and child-care duties, etc.
California is a community property state, which means that properties, assets, and debts acquired during your marriage would be divided equally or 50/50 between you two.
So it would not matter how much you are entitled to in a divorce if you’re a working or non-working spouse.
Yes, you can get a divorce in California without paying spousal support if you meet the following requirements:
Various factors in California, including but not limited to, could influence spousal support payments in California. These are:
For a shorter marriage (of less than 10 years), alimony duration would be half the length of marriage and for a longer marriage (of more than 10 years) its duration could be indefinite, including other factors.
There is no specific time period mentioned in the California family regarding it to qualify for alimony. However, the courts could consider the length of marriages (short/long) to decide it.
Alimony is financial assistance that one spouse pays to the other following a separation or divorce while child support is the financial assistance provided by a non-custodial parent to the other parent to cover the costs of raising children after divorce.
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.
