In a divorce, emotions are running high. While child custody can be a hotly contested topic, spousal support is even more so sometimes. Spousal support, also known as alimony, refers to payments given to one spouse from the other after a divorce. It can be frustrating to have to continue to financially support an ex-spouse, but it is very common, especially when one spouse was a stay-at-home parent or when one spouse makes substantially more than the other.
Alimony is designed to help both spouses live the same quality of life post-divorce as they did during their marriage. This is the goal of the courts, so judges may order a high-earning spouse to pay alimony to the other to balance things out.
There are five main types of alimony, but California has two main types: permanent and temporary. Temporary alimony is also known as “pendente lite” spousal support. It is ordered during the divorce process to help the lower-earning spouse maintain financial stability until the divorce is final. Temporary alimony could possibly turn into permanent alimony when the divorce is finalized. Permanent alimony, on the other hand, lasts a lot longer. In longer marriages, it can last until the death of either spouse or until the recipient gets remarried. But it does not necessarily last forever. It is typically a long-term alimony arrangement that can last for many years.
Rehabilitative alimony is also an option in some cases. This temporary form of spousal support helps the lower-earning spouse gain enough education or training to get on their feet. The length of rehabilitative alimony depends on several factors, but it often lasts until the spouse finds a stable job.
How Alimony is Determined
Judges consider various factors when determining the amount of alimony, such as:
- Length of marriage (A long-term marriage is one that has lasted at least 10 years.)
- Each spouse’s income, assets, and earning capacity
- Age and health of both spouses
- Standard of living during the marriage
- Contributions to the other spouse’s career or education
For marriages lasting less than 10 years, alimony typically lasts half the marriage duration. For example, a six-year marriage would mean three years of alimony. For marriages over 10 years, there is no set end date. However, it can be modified if there’s a significant financial change, such as job loss or medical issues.
Court-ordered alimony payment amounts are predetermined and while they are often monthly, they can also be bi-weekly or even weekly.
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Alimony is often involved when incomes are very different. It is not always required, but either party can be obligated to pay it.
Is spousal support a contentious issue in your divorce? Contact The Law Offices of Oliver Gutierrez in Redwood City today. Let’s discuss your case and I can help you understand your legal rights as well as the best options for moving forward. Se habla español. Call (650) 590-7675 or fill out the online form to schedule a consultation today.
