Alimony California Divorce Law
Alimony is the payment of money from one spouse to another after a divorce. In California, alimony is referred to as "spousal support," though the terms are interchangeable. California alimony can only be ordered by the court, though couples can agree to marital support payments between themselves and later ask for court recognition.
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Basics
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Spousal support can be awarded by California courts in any divorce, though it is not mandatory in any situation. California alimony payments can be asked for immediately upon a divorce or temporary restraining order being filed, and asked for by either party. California couples can also agree to marital support orders and ask a judge to officially recognize the agreement in the form of a court order.
Applicability
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California courts have wide discretion when deciding to award spousal support. Though courts must take into account specific factors, the decision to award alimony, and the amount awarded, is solely within the court's discretion. Alimony can be paid from either spouse to the other regardless of sex.
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Factors
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When determining alimony issues, California courts take a number of factors into consideration, including: the ability of each party to earn an income, the living standard of the couple during the marriage, the length of the marriage, contributions to the marriage or each spouse's education and income earning ability, each spouse's assets and debts, and the employability of each spouse.
Modifications
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Alimony payments can be changed only after one party experiences a change of circumstances. Typically, the change of circumstances involves either a decrease in the ability of the paying party to earn an income, such as the loss of a job, or the receiving party becoming self-supporting or remarried. Also, California courts can terminate support payments if the receiving party does not make a good faith effort to obtain self-supporting status.
Time Frame
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Alimony can be awarded at any time during a divorce proceeding. For example, a court can order temporary alimony payments during the course of a lengthy divorce to ensure the parties are able to live adequately and meet the financial needs of both spouses. Courts can also award alimony that applies once the divorce is finalized, meaning the paying party makes payments to the spouse after they are no longer married.
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References
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