Alimony or as many people call it “spousal support,” is paid by one divorcing or separating spouse (the payor) to the other spouse or domestic partner (the payee).
Despite the outdated and traditional ideas about who pays alimony, either you or your spouse can be obliged to pay spousal support by a California family court.
In the state of California, alimony may be awarded on a temporary or permanent basis. The main idea behind spousal support is to ease the lower-earning spouse’s financial burden following the divorce.
Typically, spousal support is awarded on a temporary basis during the divorce proceedings, and, after the divorce is finalized, the court considers whether to make alimony payments permanent.
If you are planning to file for divorce or the court has already ordered spousal support, you may want to speak to a Thousand Oaks alimony attorney at the Law Offices of Stephanie L. Mahdavi.
Let our family law attorneys advise you on how to increase or decrease an alimony award.
Generally, alimony is divided into two types: Temporary and permanent. Although California courts do not use some specific formula to calculate alimony payments, they do consider the 14 factors outlined in California Family Code Section 4320.
Based on these factors, the California court will decide whether to award a temporary or permanent alimony order. If the award is temporary, the court will decide on the length of time that the payee will receive the payments from the payor.
As we have mentioned earlier, the courts rely on the 14 factors to determine alimony payments. While it may be tough to calculate the amount of monthly spousal support payments, a Thousand Oaks alimony attorney can help you get an approximate estimation.
The 14 factors that California family courts use when determining and calculating alimony are:
Based on the factors provided above, the court will determine when alimony payments should or can be terminated, if ever. Depending on the marital consequences, spousal support may be ordered for a “reasonable amount of time.”
In some cases, the obligation to pay supposal support for a lifetime or until remarriage is considered “reasonable.” For example, if you were married for ten or more years, you could be ordered to provide spousal support for the rest of your former spouse’s life or until he or she remarries.
If you were married to your spouse for nine or fewer years, the court might order alimony to continue for half the length of the marriage. Talk to our Thousand Oaks alimony attorney to estimate the amount and duration of spousal support in your case.