Alimony & Spousal Support

What is Alimony?

Alimony is support one spouse pays to the other during or after a California divorce. Some states use the word “alimony,” others say “spousal support.” In California, alimony is spousal support.

Importantly, marriage must be established for a court to order spousal support — unless there is a provable agreement (such as a Living Together Agreement). Without such an agreement, couples who never married do not qualify for court-ordered spousal support regardless of how long they lived together, because California does not recognize common-law marriage. Unmarried couples in California can, however, make any agreement they want — including one that provides for spousal support.

Why do we even have an alimony law?

The spousal-support laws are designed to help the spouse who did not have the same opportunities during the marriage. The spouse who cares for the children typically has fewer chances for career advancement, while the spouse who worked continuously often earns more. Alimony is intended to even up these income disparities.

Who decides alimony will be paid?

Either the couple decides in a written agreement or a judge decides. When a judge decides, the court must consider the factors in California Family Code § 4320:

• The earning capacity of each party.
• Any impairment to the supported party's present or future earning capacity.
• The extent to which the supported party contributed to the career of the supporting party.
• The ability of the supporting party to pay.
• The needs of each party based on the marital standard of living.
• The obligations and assets, including separate property, of each party.
• The duration of the marriage.
• The supported party's ability to engage in gainful employment.
• The age and health of the parties.
• Documented evidence of any history of domestic violence.
• The immediate and specific tax consequences to each party.
• The balance of the hardships.
• Any other factors the court determines are just and equitable.

Who decides how long?

The couple decides how long. If they cannot agree, the judge decides.

Who decides how much?

Same rule — the couple decides. If they cannot agree, the California divorce judge decides the amount.

Alimony conclusion

If the couple cannot decide the three questions above, a judge makes all three decisions: (1) court-ordered alimony or not, (2) how much, and (3) for how long. The judge must consider § 4320 factors — but the judge is not required to rule any particular way based on what was considered. The decision is valid as long as those factors were weighed.

“I'm so glad I purchased this book. It totally gave me the upper hand in my pending divorce case. The case law provided in this book helped me to successfully terminate spousal support. If you're involved in a family law matter in California, you need this book.”