Divorce Lawyer: Alimony/Spousal Support

Unlike child support, an award of alimony, or spousal support (as it is called in California) is not mandatory and is awarded based on the facts of each case. Generally, so long as spouses are married and live together, they owe each other a duty of support. This is rarely enforced during marriage. Instead, the issue of support almost always occurs during divorce proceedings.

As the name implies, alimony is generally only available to parties to a valid marriage. Unlike child support, spousal support is not governed by a uniform, state-wide guideline. Instead, spousal support is determined based on the varying facts of each case before the court.

The court has discretion over how much alimony or whether to order any payment of spousal support altogether, based on a variety of factors, including the parties’ standard of living during marriage, the length of the parties’ marriage, the requesting party’s need for it and the obligated party’s ability to pay it. Typically, at the beginning of the case, the court will award an amount of temporary or pendent lite alimony. These orders are temporary in nature and cannot be used as evidence in determining what should be the permanent spousal support order.

An award of spousal support is not a guarantee of a lifetime pension from the obligated party. The court has jurisdiction to modify and terminate alimony so long as the court’s discretion complies with the statutory framework set forth in section 4320 of the Family Law Code. Divorce lawyer, experienced in spousal support can give you your best chance at a fair and equitable spousal support agreement. If a party receiving spousal support remarries, or is shown to be cohabiting with another person who is assisting with their living expenses, this can be grounds to terminate spousal support. Alimony also terminates upon the death of the receiving party.

If a party is ordered to pay certain household expense or other community debts, this can often be considered as a payment in lieu of alimony so long as the party continues making those payments.

• Please Contact Us today to schedule a consultation with an experienced divorce attorney to discuss your spousal support case.