Don't Get Lost in California's Maze of Alimony Laws and Rules

Alimony, also called spousal support in California, is money one spouse pays to the other during and after a divorce or legal separation. It helps the lower-earning spouse maintain a standard of living like what they had during the marriage. California Family Code sections 4320-4360 govern spousal support.

It is so easy to get lost in these laws and rules. Our alimony laws and rules can feel like a foreign language. The calculations can look like voodoo math. But it is all easy to understand. You just need a better explanation of it, and that is what this article gives you.

List of Alimony Topics We Cover

1. Different Types of Alimony
2. Factors Considered in California Alimony Decisions
3. Duration of Alimony in California
4. Calculating Alimony in California
5. Alimony Modification (or Termination)
6. Tax Implications of Alimony in California
7. Alternatives to a Contested Court Hearing on Alimony
8. Myths About California Alimony Laws
9. Divorce or Post Judgment Alimony Help

Different Types of Alimony

California has two types of alimony. Temporary alimony, or "pendente lite" support (latin terms are still in the law), is alimony paid during the divorce process to maintain the status quo until everything is finalized.

On the other hand, permanent alimony continues after the divorce is complete. Here is one confusing part. Despite the name "permanent," alimony isn't usually forever—in fact, it rarely is. Courts typically award long-term alimony in long-term marriages, usually those marriages lasting 10 years or more. But long-term does not mean permanent.

Factors Considered in California Alimony Decisions

California alimony laws are designed to balance the needs of the spouse receiving support and the ability of the spouse paying it.

One important factor is the length of the marriage. Longer marriages are more likely to result in longer-term alimony. The standard of living during the marriage is considered as courts look to award alimony that allows both spouses to maintain that standard of living.

The earning capacity of each spouse is also important. The rules require courts to look at current income and potential future earnings, considering the supported spouse's skills, the job market, and any time or expense needed for education or training.

The ability of the paying spouse to pay is weighed against the needs of the supported spouse. The law asks the court to examine both parties' income, assets, and financial obligations. It also considers the age and health of both parties, as these can affect earning capacity and financial needs.

Alimony law requires courts to consider any history of domestic violence between the parties, which can impact both the amount and duration of alimony payments. California has a public policy that abusers, even if they are the lower-earning spouse, should not receive spousal support like a non--abuser should. This area of law is complex, and you can read more about it in our guide on Domestic Violence's Impact on Alimony.

Our laws also balance the hardships to each party, including tax consequences, each spouse's assets and debts, and other factors that might affect the fairness of the alimony arrangement.

Our alimony laws give judges a lot of discretion in applying these factors to individual cases, so each alimony decision is tailored to the unique circumstances of the divorcing couple.

Duration of Alimony in California

The duration of alimony in California mainly depends on the length of the marriage. For marriages under 10 years, alimony might be awarded for half the length of the marriage. For example, if a couple was married for 8 years, alimony might be set for 4 years.

The duration of alimony is less predictable for marriages lasting 10 years or more. The rules do not require a judge to set a specific end date, and support could continue indefinitely, depending on future circumstances.

Even in long-term marriages, "permanent" alimony doesn't usually mean lifelong support. How many people who pay alimony can work until they die and have the same ability to pay? That is not common. People retire, circumstances change, and so does the ability to pay alimony and the need for it. Check out our article on how long alimony lasts.

The court also usually expects the supported spouse to make reasonable efforts to become self-supporting. That last thing can be part of a court order. It is called a Gavron Warning or Gavron Advisement.

A Gavron Warning or Advisement is a notice to the supported spouse that they are expected to provide for their own support, and not doing so can lead to a modification or sometimes even termination. This warning can be during the initial alimony order at the judgment phase or later.

Certain events usually automatically end alimony, such as the death of either spouse or the remarriage of the supported spouse. The retirement of the paying spouse can also be grounds for changing or ending alimony.

Cohabitation with a nonmarital partner creates a rebuttable presumption of a reduced need - a legal way of saying, "We assume you do not need as much support, but we will let you convince us otherwise."

Calculating Alimony in California

Calculating alimony involves many factors. Unlike child support, which usually follows a stricter guideline, alimony calculations allow more discretion (making it hard to claim the judge was wrong). That discretion means if you go to court, you are stepping into an unpredictable situation. This is not science or an exact math.

The rules typically require the court to examine the marital standard of living. This involves examining the couple's lifestyle during the marriage, including housing, travel, entertainment, and other expenses.

Income disparity between the spouses is a factor. The law considers both parties' current earnings and their earning potential. This includes evaluating education, work experience, marketable skills, and the job market.

Alimony laws also consider the tax implications of alimony payments. We discuss that more below.

Other factors include the age and health of both parties, children, and other financial obligations or assets.

Alimony calculations can be simple or complex and everything in between. The final amount often results from negotiations between the spouses and their attorneys.

Alimony Modification (or Termination)

California law allows for the modification or termination of alimony. Changes in financial situations often prompt requests for adjustments.

If the paying spouse loses their job or experiences a significant decrease in income, they might be able to reduce their alimony payments. They need to show that the change in circumstances is significant and ongoing.

On the other hand, if the paying spouse's income increases, the receiving spouse might ask for higher alimony payments by demonstrating a bigger need for more support.

Health issues can also affect alimony. A severe illness or disability might require increased support for the receiving spouse or justify a reduction if it impacts the paying spouse's ability to work.

We talked about retirement and cohabitation earlier. Those are common reasons for a modification and sometimes even a termination.

To request a modification, either party must file a request for order with the court. Alimony rules require evidence of significant changed circumstances. The court then reviews the request and decides based on both parties' current situations and, most of the time, the marital standard of living. One thing to keep in mind about the marital standard of living, however, is that it becomes less relevant with the passage of time.

Tax Implications of Alimony in California

Before 2019, alimony was tax-deductible for the payer and taxable income for the recipient on both a Federal and California State level. However, for divorces finalized after December 31, 2018, alimony is no longer tax-deductible or taxable on a Federal Level. That rule is complex and deeper than what we just wrote. Here is an article you can read to learn more about it: Alimony and Tax Laws.

This change partially benefits the receiving spouse who now receives the total amount of alimony tax-free. However, it also benefits the paying spouse because their support is lower now.

The tax treatment of alimony payments can affect both parties' financial picture. Both parties should consult with tax professionals to understand the full impact.

Alternatives to a Contested Court Hearing on Alimony

Divorcing couples in California have options beyond court-ordered alimony. Mediation is a popular choice for many couples.

In mediation, a neutral third party helps spouses reach an agreement. The mediator facilitates discussions and helps identify common ground, allowing couples to create customized alimony arrangements.

Couples who choose mediation often find the process less adversarial than court proceedings. They can openly discuss their needs and concerns in a more relaxed environment.

Collaborative divorce is another alternative to court-ordered alimony. In this process, each spouse hires an attorney trained in collaborative law. The attorneys and spouses work together to reach an agreement, often bringing in financial experts to help determine fair alimony arrangements.

Negotiated settlements provide another option for determining alimony. In this approach, spouses and their attorneys negotiate directly with each other to reach an agreement without court intervention.

These alternative methods allow for more creative alimony solutions. For example, couples might agree to a lump-sum payment instead of ongoing support, known as a buyout of alimony.

Couples who choose these alternatives still benefit from having the final agreement reviewed by a judge. With rare exceptions, the family law judge typically approves whatever the spouses agree to.

These alternatives require cooperation and open communication between spouses. They work best when both parties are committed to finding a reasonable solution.

Common Myths About Alimony Laws

Many misconceptions surround alimony laws in California, leading to confusion during divorce proceedings.

1. One common myth is that alimony always lasts for life. In reality, lifetime alimony is rare in California.
2. Another misconception is that only women receive alimony. California law is gender-neutral. Courts base alimony decisions on financial need and the ability to pay, not gender.
3. Some believe that infidelity entitles the wronged spouse to alimony. California operates under no-fault divorce laws, so infidelity rarely impacts alimony decisions. However, infidelity can raise a breach of fiduciary duty issue.
4. A persistent myth is that living with a new partner automatically terminates alimony. While cohabitation can lead to reduced or terminated alimony, it's not automatic.
5. Many assume that alimony amounts are set in stone. They are not unless the spouses agree to nonmodifiable support. California law allows for modifications when circumstances change significantly.
6. Some believe that refusing to pay alimony has no consequences. Alimony is a court order, and failure to pay can result in serious legal repercussions, including contempt of the court order.
7. Many think that retirement automatically ends alimony obligations. While retirement can be grounds for changing or terminating alimony, it's not automatic.
8. Another misconception is that getting remarried while paying alimony increases the payment amount. However, the remarriage of the paying spouse rarely affects alimony obligations. The remarriage of the supported spouse usually terminates alimony.

Divorce or Post Judgment Alimony Help

Please do not try to handle your divorce or post-divorce judgment issues on your own or, just as bad, with poor representation. You need expert advice on alimony issues, and we are highly skilled and experienced family law attorneys. Contact us for an affordable strategy session.