How Long Do You Have to Pay Alimony?
Alimony, also known as spousal support, is a payment (typically a series of payments) from one spouse to another, incident to a divorce. Such an arrangement makes sense under certain circumstances.
Suppose, for example, that two college students marry. One spouse quits school to support the other spouse while they attend medical school. One spouse becomes a cardiologist, and the other becomes a homemaker. If they divorce 10 years later, the homemaker might struggle to find even basic income-earning opportunities, while the cardiologist might earn a high salary. This is one example of a situation that might justify alimony.
Do All Divorce Settlements Include Alimony Arrangements?
Not all divorce settlements include alimony provisions. For instance, consider two professionals who marry and later divorce, each earning a comparable salary. In such a scenario, neither spouse may be financially disadvantaged relative to the other. While both individuals may experience some financial strain due to the increased cost of maintaining two separate households, this mutual financial impact does not, in itself, justify the awarding of alimony.
What Factors Do Courts Use to Determine the Amount of Alimony to Award?
Following is a list of the most important factors courts use to determine whether to award alimony and, if so, how much to award.
- The length of the marriage;
- Each spouse’s medical needs;
- Each spouse’s job prospects;
- The age of each spouse;
- The income and earning capacity of each spouse;
- The couple’s standard of living during the marriage, especially immediately prior to divorce;
- Each spouse’s separate assets and debts (excluding marital property);
- Each spouse’s financial contributions to the marriage; and
- Each spouse’s non-financial contributions to the marriage, such as homemaking and child care.
A judge might take other factors into account as well. California Family Code Sec. 4320 provides further details. You can also typically negotiate alimony with your spouse. Nevertheless, if the result is manifestly unfair, the court might refuse to enforce the alimony agreement.
Temporary vs. Long-Term Alimony
“Temporary” alimony is temporary in the sense that its purpose is to provide financial support to the less-wealthy spouse during the pendency of divorce proceedings. Even if you are less wealthy than your spouse, however, you might not get temporary alimony unless you need it during divorce proceedings.
Long-term alimony begins only after the finalization of the divorce. The following section explains how long such “long-term” alimony payments might actually continue.
Length of Alimony Payments
The duration of alimony payments can vary significantly, ranging from none at all to potentially lasting for the remainder of the receiving spouse’s life. While judges have considerable discretion in the absence of a specific agreement, a general guideline is that if the marriage lasted less than 10 years, alimony is typically awarded for half the length of the marriage.
For marriages lasting 10 years or more, alimony could be permanent, lasting for the receiving spouse’s lifetime, or it may be set for a fixed period (e.g., 10 years). Alternatively, the paying spouse may seek a modification of the alimony arrangement through the court. This overview simplifies a complex area of law, and various factors may influence the outcome.
What Can Disqualify You From Alimony?
Under the following circumstances, a court might disqualify you from receiving alimony even immediately after your divorce:
- Domestic abuse (as the perpetrator, not the victim).
- The ability to provide for yourself (at any point after the marriage ends)
- The division of marital property is sufficient for each spouse to provide for themselves, in which case the court will probably never award alimony in the first place.
- The higher-earning spouse has other legitimate financial obligations that prevent them from paying alimony (alimony to a previous ex-spouse, child support payments, legitimate debts, etc.).
Cohabitation by the receiving spouse can also affect spousal support.
Modification or Termination of Alimony Obligations
You can apply with the court to have alimony obligations modified or terminated if:
- The paying spouse dies.
- The paying spouse is at least 65 and seeks to retire.
- The paying spouse suffered financial reverses that were out of their control.
- The receiving spouse has become self-supporting.
- The receiving spouse remarries, regardless of the financial resources of their new spouse.
In all of these cases, once the court issues a decree that includes a demand for alimony, the paying spouse must petition the court for a modification of their alimony obligations.
Do You Need a Family Lawyer?
A divorce can be messy. If you anticipate any discord, take note that Berenji & Associates Divorce Lawyers is an award-winning family law firm serving Greater Los Angeles. If you need help with your divorce, don’t hesitate to contact us. We will spare no effort to make sure that you are treated fairly by the notoriously competitive California family law system.
Contact a Los Angeles Family Law Lawyer Today
If you’re considering a prenuptial agreement or need help drafting one, you need a knowledgeable legal team to protect your interests. Call Berenji & Associates Divorce Lawyers today to learn how we can assist you with your prenup needs. We can assist you.
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