Understanding spousal support eligibility in California
Eligibility for spousal support, commonly known as alimony, in California hinges on various factors. If you are getting a divorce, you need to know if you qualify for such financial assistance.
If one spouse faces economic challenges post-divorce and the other possesses the ability to contribute, courts may consider awarding spousal support. It aims to assist the financially disadvantaged spouse in maintaining a reasonable standard of living.
Divorce in California
California’s divorce rate is 60%, making the state the tenth highest in the nation. There were 128,218 divorces filed in The Golden State in 2020. Alimony payments may last for as many years as the marriage, but courts will decide spousal support eligibility based on several factors.
Length of the marriage
Generally, longer marriages increase the likelihood of spousal support eligibility. However, short-term marriages may not meet the criteria unless specific circumstances warrant it.
Contributions to career or education
If one spouse supported the other’s career or education during the marriage, it may impact spousal support eligibility. The goal is to acknowledge the sacrifices made for the partner’s professional or educational advancement.
Health considerations
If a spouse’s health impedes their ability to work and support themselves, courts might deem spousal support necessary to address the financial gap.
Domestic violence and marital misconduct
A court may consider instances of domestic violence or marital misconduct when determining spousal support, though this evaluation varies based on the circumstances.
Ineligibility circumstances
Certain circumstances may render one ineligible for spousal support. If both spouses have similar incomes, if the marriage was too brief or if the requesting spouse committed domestic violence, the court might decide against awarding support.
Retirement and cohabitation
Retirement or cohabitation might impact spousal support. If the supported spouse remarries or begins cohabiting with a new partner, the court might reassess the need for ongoing financial assistance.
If the paying spouse retires and experiences a significant decrease in income, it may be grounds to modify or terminate spousal support. However, the court assesses various factors, and retirement alone does not automatically guarantee a change in support obligations.
Clear legal agreements
If spouses have a valid prenuptial or postnuptial agreement outlining spousal support terms, the court may uphold these agreements.
Every situation is different, and courts will use your unique circumstances to determine whether you qualify for spousal support, how much per month you might receive and how long these payments will last.