How Much Is Alimony in California?
In California, judges can issue alimony or spousal support from one spouse to the other. According to California Family Code Section 4320, California judges must consider 14 factors when deciding upon the alimony award. In addition to the 14 factors, California courts may consider any other "just and equitable" factors when deciding upon the alimony issue.
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Temporary Support Order
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During the pending divorce case, a spouse can request the court to issue a Temporary Partner Support Order also known as a Temporary Support Order. For temporary support, California courts can use their county's guidelines (if the county has a guideline formula) to calculate the temporary spousal support award. Each county uses its own guidelines.
Final Judgment Support Order
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At the end of the final divorce decree, a spouse can request a Final Judgment Support Order. California Family Code Section 4320 provides the factors judges must take into consideration when deciding whether to award final alimony. Under California law, court must consider these factors. Judges will not use formulas to calculate the final support award. Courts can order alimony for a specified period. However, alimony can end when one spouse dies or when the recipient spouse registers a new domestic partnership or remarries.
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Factors Affecting Final Award
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The amounts for final alimony require judges to consider the facts of each case to determine whether a final alimony award is appropriate. Judges will consider the 14 factors that include reviewing the length of the marriage, each spouse's earning capacity and needs and whether working would make it too difficult to provide care for the custodial parent. Courts must consider the age and health of each spouse. Judges will review any history of domestic violence in the marriage. According to California law, if the partner requesting alimony has a prior criminal record or conviction of domestic violence against the other spouse, then the court considers this as a rebuttable presumption or reason to deny alimony. In this case, the spouse requesting alimony must provide a legitimate reason as to why the court should depart from this established procedure. Courts must also consider the spousal contributions made by each spouse and whether one spouse was responsible for taking care of household needs while the other worked or whether the spouse contributed emotional and financial support to help the other obtain an education or career.
Discretion
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Ultimately, judges have the discretion of ultimately deciding whether to award alimony to one spouse after reviewing the 14 spousal support factors. One spouse may request the court to consider an Income and Expense Declaration. To provide the court with a view of the spouse's financial condition and needs, the spouse must complete the declaration.
Considerations
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Since family laws can frequently change, you should not use this information as a substitute for legal advice. Seek advice through an attorney licensed to practice law in your jurisdiction.
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References
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