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:
- Each spouse is self-supporting near or above the Marital Standard of Living
- The recipient is found to have committed domestic violence against the spousal support payor
- The recipient spouse agrees to waive their spousal support rights
- The recipient spouse accepts a buyout of their spousal support rights
- The parties had agreed to no spousal support in a prenuptial or post-nuptial agreement.
This article explores spousal support in California, 5 ways to avoid CA alimony, California alimony calculations, and alternate options to resolve spousal support conflicts outside the court.
What is Alimony or Spousal Support?
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 that is in need of 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.
Types of Alimony in California
The amount of spousal support depends on your spouse’s needs, marriage length, etc. There are two kinds of spousal support: Temporary Spousal Support and Permanent Spousal Support.
Temporary Alimony
Temporary spousal support is paid while the parties are divorcing. The courts 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. In the next section, we have discussed how to calculate alimony in California.
For more information, you can check our featured article on receiving temporary alimony
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. How is alimony calculated in California? You can also determine support by applying Family Code Section 4320 factors instead of just relying on a calculator.
Is it Mandatory to pay Alimony in California?
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.
Spouses Income Disparity
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.
Spouses Marriage Length
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.
Standard of Living and California Alimony Payment
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.
Spouses’ Emotional and Physical Conditions
Physical and mental health can factor into the spousal support amount 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.
Other Factors
Some other factors that influence the support orders are:
- Spouses needs (health care expenses and housing costs);
- The financial and non-financial contribution of each spouse to the marriage;
- Age and health of each spouse; and
- The low-income spouse’s ability to become self-sufficient again.
How To Avoid Paying Alimony in California: Discussing 5 Tips
You will not have a spousal support obligation or receive spousal support if any of these 5 apply:
Signing a Fair Prenuptial Agreement
A prenuptial agreement outlines various financial matters, such as spousal support (amount, duration, etc.) in the situation of divorce.
Prior to marriage, a couple may sign a prenuptial agreement that either waives their rights to spousal support in the situation of a divorce; or puts parameters around their spousal support rights. A prenuptial agreement (a contract between two people before marriage outlining financial matters in the aftermath of divorce) helps divorcing spouses in advance in determining the amount and period of alimony.
If you want to know more about the prenuptial agreement, click the provided link.
Mediation is a cost-effective, faster, and negotiation friendly solution to resolving alimony conflicts.
Schedule your free consultation with the Families First Mediation and reach a mutually agreeable spousal support solution. The Families First Mediation always creates a win-win situation for couples. Don’t believe it? Check their reviews.
If you don’t have a prenup, you can look for options like a postnuptial agreement. Or, you can opt for mediation and negotiate a part of your marital property in exchange for your spouse’s agreement to waive or reduce alimony.
Domestic Violence
If your spouse is found to have committed domestic violence against you, you may not be required to pay your spouse spousal support..
Keeping Incomes Equal
If you and your spouse have equal income during the marriage, and currently continue to have equal earnings, the court may terminate spousal support or set it to $0.00. ..
Maintaining Fairness
You must stay fair during the process because hiding your income before a judge or skilled mediator won’t work. Either in the court process or mediation, fairness plays a paramount role. However, if you still hide, the judge may calculate alimony payments based on your potential earnings.
Reviewing Other Options
Spousal maintenance awards in California are neither mandatory nor automatic, though people assume they are automatic. So, divorcing does not begin an alimony till one of the spouses requests the court or mediate spousal support. The options below may not require you to pay alimony:
- If the supported spouse gets remarried, spousal support in California terminates.
- If your supporting spouse passes away, alimony may be waived entirely (excluding certain factors).
- If the paying spouse retires, alimony may require modification.
Why Mediation Wins Over Court Battles for Resolving Spousal Support Disputes?
Litigation for spousal support can be unpredictable, stressful, and expensive while taking a significant amount of time and hurting financial security.
On the other hand, 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.
With the Families First attorney mediators, you 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.
Frequently Asked Questions: To Avoid Paying Alimony
What Is The Average Alimony (Payment) in California?
Alimony awards in California vary from case to case depending upon specific circumstances, income disparity, marriage length, spouses’ needs, etc. However, the temporary spousal support alimony calculator (DissoMaster) is often used. This divides the family net income 60/40.
Spousal support in California is roughly calculated in this way. Subtract 60% of low-earner spouse’s income from 40% of high-earner spouse’s monthly income.
Didn’t understand the 60/40 Split? Suppose one spouse makes $10,000 while the other earns $4,000. Now subtract 2400 (60%) from higher earner’s $4,000 (40%). The spousal support award will be $1600.
Can I Get A Divorce in California Without Paying Spousal Support?
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:
- You have signed a prenuptial agreement that waives spousal support rights and it is enforced.
- You reach an agreement with your spouse that there is no spousal support (e.g., via mediation).
- You and your spouse have similar incomes.
- You and your spouse are retired.
- Your spouse passes away.
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