Can a Man Receive Alimony in California?

California alimony is awarded regardless of the sex of the recipient.

Both men and women can receive alimony as part of a divorce or legal separation in California. Alimony payments are made from one spouse to another, and California courts do not give preference to either spouse in alimony calculations. California alimony laws are complicated, so talk to a qualified attorney if you need legal advice.

Basis

California courts are allowed, but not required, to award alimony in any legal separation or divorce case. California Family Code section 4330 states that courts can award alimony, known as spousal support, to either spouse. The court can make this award last for as long as it deems reasonable and just. Courts can require either party to submit to an examination by a vocational training counselor to determine the person's ability to earn an income and obtain employment, according to California Family Code section 4331.

Factors

California Family Code section 4320 sets out the factors the court must consider when considering alimony awards. These include: the earning capacity of each spouse, the marketable skills of each spouse, the length of the marriage, the standard of living of the couple established during the marriage, the ability of the recipient to care for children under his control and any other factors the court finds are just and equitable.

Modification

California courts can modify alimony payments only upon a showing of a change of circumstances. For example, if a court orders the wife to pay the husband alimony, neither party can change the award unless one or the other loses a job, suffers a health problem or experiences a change in circumstances that impacts that person's ability to pay alimony. Only a court can order this change in alimony, and the paying party must continue to pay unless the court makes such a modification.

Prenuptial Agreements

California permits couples to enter into premarital agreements, also known as prenuptial or antenuptial agreements. The couple can use these agreements to decide alimony issues in the event of divorce or separation. The prenuptial agreement can state any alimony terms the couple desires, including payments made from the wife to the husband. The court will uphold these agreements as long as it finds the terms do not violate any portion of the law or the public policies of the state.

References

• Legislative Council of California: California Family Code section 4320 - 4326
• OneCLE: California Family Code Section 4330
• OneCLE: California Family Code Section 4331