Your spouse may be demanding alimony from your divorce, but are they really entitled to it? If you have questions about how long you will have to pay alimony, and how much you will have to pay, we can help. Make an appointment today with our experienced family law attorneys at Kendall Gkikas & Mitchell, LLP.
Is alimony the same as spousal support?
In California, one partner can request alimony as part of a divorce, legal separation, annulment, or domestic violence restraining order. Alimony, also known as spousal support, is specifically meant to assist the spouse with the lower income as he or she faces changes in their living situation as a result of a divorce or separation. Spousal support is different from child support, and it is based on different factors that look specifically at the needs of the children.
Temporary vs. permanent spousal support
The court may grant temporary spousal support during divorce proceedings, which will help maintain the status quo for the spouse requesting support. Many courts use a formula to calculate temporary support, but they can consider other factors as well, such as a history of domestic abuse.
“Permanent” spousal support isn’t necessarily permanent, but refers to the long-term support required after the divorce is finalized. As with temporary support, the court will consider many different factors, including the length of the marriage or a history of abuse. But the ultimate goal is for both spouses to be able to support themselves within a reasonable period of time.
The general rule is that if the marriage lasted less than 10 years, alimony will not last longer than half of the time the marriage lasted. For marriages lasting longer than 10 years, there isn’t a set limit. It will just depend on the circumstances of each case. If you have questions about your situation, the attorneys at Kendall Gkikas & Mitchell, LLP are here for you. Call 909-482-1422 or email info@parents4children.com to make an appointment now.
Prenuptial agreements
If you signed a prenuptial agreement, the court will follow that agreement as long as the agreement was legal and the agreement is not unconscionable (unreasonably unfair).
If spouses had previously agreed not to ask for alimony, the court will probably follow the agreement, even if one spouse would normally be entitled to alimony. But if circumstances seem unreasonably unfair, the court has the authority to decide not to follow the prenuptial agreement. For example, if the marriage lasted a long time, and after the divorce one spouse will be a millionaire and the other will be on welfare, the judge can decide to order the millionaire to pay spousal support.
If my spouse cheated, does that mean I won’t have to pay alimony?
California is a no-fault divorce state. So the court generally does not look at infidelity when calculating alimony. In fact, the only behavior that would be considered is domestic abuse.
However, you and your spouse can try to reach an agreement about alimony and other financial matters without asking the judge to decide. Behavior like infidelity can be a bargaining chip when you negotiate. No matter what the situation is, you want to be sure to have a great attorney from Kendall Gkikas & Mitchell, LLP to help you negotiate out-of-court as well as before a judge.
If you want to learn more, check out our blogs, How alimony is calculated in California Part 1 and Part 2 or contact us today!
