Before you finalize that divorce decree, make sure you understand your rights and responsibilities regarding alimony.
Alimony, which is actually called spousal support in the California Family Code, is an important provision for helping divorced spouses build their new, separate lives. Be sure to consult an attorney before making any alimony arrangements to ensure your best interests are protected.
When Alimony Begins
Alimony can begin before a divorce is final or years afterwards, depending on the unique circumstances of the case. Typically, most divorcing couples request temporary alimony when they begin the divorce process. This allows the spouses to live apart while the divorce is being finalized. Then, a permanent or final support order will be issued with the divorce decree. In some cases, neither spouse may actually need support at the time of the divorce. In this situation, it may be best to ask the judge to reserve jurisdiction on the issue of alimony so that if one spouse falls ill or loses their job in the near future, they could then request support. This is typically only an option for couples who were married a long time.
How Long Alimony Lasts
The length of time that alimony will be provided depends on a variety of factors, including the spouses’ needs and incomes and the length of their marriage. For any marriage under 10 years, alimony will typically last for half of the length of the marriage. For marriages that lasted over 10 years, alimony may be awarded until the supported spouse dies, or until they are able to become self-supporting.
How Alimony is Calculated
During the temporary alimony phase, the amount of support is calculated using a baseline formula. One common formula is 40 percent of the high-earning spouse’s income minus 50 percent of the low-earning spouse’s income. The alimony order included in the divorce decree will be based on a more nuanced calculation that takes into account the standard of living enjoyed during the marriage, the age and health of each spouse, the length of the marriage, and other factors. Alimony amounts can also be set by mutual agreement of both spouses.
How Alimony Affects Your Taxes
If you are receiving alimony, you will have to pay taxes on it, but if you are paying alimony, you will get to deduct it from your taxes. Tax concerns can be one important factor in deciding whether you wish to incorporate monthly alimony payments or one lump sum alimony payment in your divorce decree.
How to Modify Alimony Orders
Alimony orders can be modified by either spouse at any time by initiating a petition with the court provided of course that your divorce decree does not contain language that makes the order “non-modifiable.” In order to file a modification petition, all you have to do is visit a qualified family law attorney such as Kendall & Gkikas. We can help you draft a new order that is mutually agreeable to both parties and get that document signed by a judge, or we can help you take your petition to court. Please contact us today to learn more about how we help with alimony in California.
