Men's Rights to Spousal Support for Assets & Debts in a Divorce in California
California law does not limit alimony or spousal support awards to women. Husbands can also request alimony payments from their wives during a separation or divorce hearing. California is a community property jurisdiction, and judges will divide marital property and debts equally between spouses, regardless of how the spouses purchased or titled property. Judges can require a wife to pay her husband alimony after applying an analysis considering at least 14 statutory marital factors.
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Prenuptial Agreements
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A prenuptial agreement is a written contract entered into between spouses before marriage. California courts will uphold valid prenuptial agreements requiring one spouse to pay the other alimony if there was full financial disclosure, valid contract formation and fairness. As long as there was no duress, mental incapacity, fraud or overreaching, courts will generally uphold premarital contracts entered into during an arms-length negotiation. Thus, a premarital contract requiring a wife to pay her husband alimony upon divorce is valid if there was mutual assent and proper financial disclosure of all available assets. Courts will not uphold premarital contracts that waive or limit a parent's right to visitation, custody or support of any children.
Determining Factors
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California law requires judges presiding over alimony awards to consider 14 statutory factors. These factors include the age of each spouse, earning potential, career opportunities and educational background, the duration of the marriage, mental and physical limitations and any other factors that would help further justice in the interests of judicial equity. The catchall final phrase allows judges to take a case-by-case approach in deciding whether alimony would be appropriate. California judges may be more inclined to award a husband alimony if he was responsible for domestic and household duties while his wife was able to advance her career.
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Standard of Living
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California law does not restrict alimony payments to women. Judges will consider the standard of living enjoyed by both spouses during the marriage when deciding whether to award alimony to a husband. If the husband's standard of living during marriage included a lavish lifestyle, then they may decide to award him alimony. There is no statutory guideline the court follows when awarding alimony after divorce, but courts are limited to statutory limits when awarding alimony while a case is pending before issuing a divorce decree.
Limitations
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Typically, California courts will not award alimony to spouses who were married for less than 10 years. If the courts decide to award alimony to spouses with short-term marriages of less than 10 years, the alimony awards are typically for limited durations. Courts can award temporary alimony to either spouse to help him achieve financial self-sufficiency. California law requires spouses with an abusive domestic record to overcome a presumption against alimony. Men and women who are guilty of spousal domestic abuse must prove to the court why an alimony award would be fair.
Considerations
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Since state laws can frequently change, do 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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