Alimony, also referred to as spousal support, is a financial award that may be granted to one spouse during a divorce case in California to maintain the recipient’s standard of living. If you are wondering whether you qualify for alimony during your divorce, learn California’s spousal support laws to understand your rights. Fighting for alimony is something that a family lawyer in San Diego can help you with.
Who Gets Spousal Support in California?
The purpose of alimony is to help cover the lower-earning spouse’s expenses after a divorce. It is a monetary award that the higher-earning spouse may have to pay the lower earner to maintain the latter’s current standard of living. If one person is used to living a certain way, he or she may be entitled to spousal support to maintain this lifestyle after the marriage ends – even if that person does not have a job or employability skills.
Alimony in California is primarily determined based on the financial status of each spouse. In general, if one spouse requires financial support and the other spouse can afford to pay, the judge will order spousal support. The courts base the amount of alimony awarded on what is reasonably necessary to allow the recipient to maintain the standard of living that he or she enjoyed during the marriage.
California does not have a universal rule determining whether someone will receive alimony in a divorce. The courts carefully analyze the relevant facts and make determinations on a case-by-case basis. Some of the factors that the courts look at are each spouse’s financial needs and ability to maintain their standard of living, how much raising children or taking care of the household impacted the lower earner’s ability to make a living, and the supporting spouse’s ability to pay.
How Long Do I Have to Be Married to Get Alimony in California?
No rule in California requires a couple to be married for a certain number of years to qualify for alimony. A couple with a marriage of any duration may have a divorce case that involves alimony if one spouse has financial need and the other has the means to pay. However, the length of the marriage may be a factor in the court’s calculation of an appropriate amount of spousal support. Longer marriages (10-plus years) tend to result in higher and longer-lasting alimony awards.
Is a Wife Entitled to Alimony in a Divorce Case in California?
No. Neither spouse is entitled to alimony in a divorce case in California. This is something that one spouse must request from the courts, along with proof that he or she is eligible. The courts in California do not base alimony payments on gender or fault for the divorce. Either spouse may request spousal support or maintenance, regardless of gender and the reason for the divorce.
Two Types of Spousal Support
A spousal support award could be temporary or permanent. This does not refer to the amount of time that the order lasts. Temporary alimony in California refers to an award given from the time that the couple files for divorce until the divorce has been finalized. This type of order helps the recipient financially while the divorce is pending.
A permanent order is a more lasting spousal support award granted as part of the divorce decree. Despite the name, permanent alimony may not last for a recipient’s lifetime. It often ends after a predetermined amount of time, or once the recipient has attained enough training or education to become financially independent. It is possible, however, for the courts to award alimony without an end date, especially if a couple has been married for a long time.
How to Request Alimony in San Diego
If you wish to make a spousal support request part of your divorce or legal separation in San Diego, you will need to fill out and submit the correct forms, alongside relevant evidence and financial documentation. Take the following steps to make your request.
Submit the Correct Form(s)
Print, fill out and submit Form FL-300: Request for Order. Check the box that says, “Spousal or Partner Support.” You will need to pay a filing fee of $60. (If it is part of your initial divorce filing, this is in addition to the $435 first paper fee.)
If you and your spouse agree on a spousal support arrangement, you can skip the hearing process. Instead, you will write up your agreement using Form FL-343, along with a cover sheet signed by both of you. Once you have the correct forms, file them with the San Diego Family Law Business Office.
Serve Your Spouse
You legally must serve your spouse with a request for alimony. The papers must be officially delivered to your spouse (thereafter known as the Respondent) by an adult who is not one of the parties involved. Your spouse will then have 30 days to respond.
Prepare for a Hearing
If you and your spouse cannot come to an agreement regarding spousal support, your case will require a hearing in a San Diego family courthouse. You can prepare for this hearing by gathering all relevant documents and evidence, including your financial records and the Income and Expense Declaration (Form FL-150).
Working with a spousal support lawyer in San Diego can make a hearing (or mediation or arbitration) easier and less stressful. You can rely on an attorney to gather and present key evidence during a hearing to improve your chances of receiving alimony.
Alimony FAQs in San Diego
Who qualifies for spousal support in California?
Alimony can be awarded to a lower-earning spouse who requires ongoing financial support from the other party after a separation or divorce, if the other spouse has the means to pay.
How long will I have to pay spousal support?
This depends on your specific alimony order. As a general rule, if your marriage lasted 10 years or less, spousal support will last half the length of your marriage. If you were married for 10 years or longer, there may not be a fixed end date.
How is the amount of alimony determined?
A judge will analyze many factors when assigning an appropriate amount of alimony. This includes each spouse’s income and ability to earn, the length of the marriage, each spouse’s age and health, the standard of living both spouses enjoyed during the marriage, and contributions each spouse made to the marriage and household.
Can a husband receive alimony in San Diego?
Yes. Spousal support decisions are not contingent upon the sex of the recipient. These awards are gender-neutral. Both spouses in a marriage or domestic partnership have equal odds of receiving alimony; the final agreement depends on financial circumstances, not roles within the marriage.
How a Spousal Support Lawyer Can Help
A spousal support order can be an important source of financial relief after your divorce or legal separation in San Diego. Hiring an alimony attorney in San Diego can make an important difference in whether or not your request is approved.
An experienced family law attorney can gather the right evidence and use compelling arguments to ensure that the court fully understands your financial situation and need for temporary or permanent spousal support.
If you are curious whether you qualify for alimony in California, contact an experienced San Diego divorce attorney at Boyd Law for a free consultation.
