Spousal support, or alimony, is the concept of one spouse helping the other pay their expenses, sometimes temporarily and sometimes permanently. A judge can create an order determining spousal support in the event of a divorce. Understanding how the process works is essential in preparing for your own divorce and taking the right steps to ensure you are treated fairly as far as your contribution or acquirement of spousal support is concerned.
Temporary vs. Long-Term/Permanent Spousal Support
A temporary order for spousal support is often created right when a family law case begins. Whichever spouse holds the lower annual income has the right to ask the court for immediate relief from the one with a higher income. This often requires a discussion between the two parties, and the judge makes the ultimate decision if an agreement can’t be reached.
Long-term/permanent spousal support orders happen more rarely but they’re still very possible. They are common when one spouse is making a substantially higher amount of money than the other and if the marriage lasted for a long time. The judge has three options as far as spousal orders are concerned. They can order an amount that one spouse is required to pay the other immediately, they can reserve spousal support where one spouse is required to pay the other at a future date, or they can completely end the court’s responsibility of awarding support.
Key Factors California State Court Considers
According to California Family Code §4320, courts must take certain elements of a marriage into account before coming to their final decision. These mainly include the length of time you were married, your age and health, incomes of each spouse, amounts of property and debt, need and ability to pay, and if there was abuse history throughout the marriage. Children also play a huge role in determining spousal support, and how both you and your spouse’s work-life balance would impact those children. Luckily, regardless of these factors, taking the right legal steps to represent yourself can dramatically impact the amount of money you may be required to pay your former spouse.
Common Misunderstandings About Spousal Support
While being legally bounded to payments to a former spouse can feel jarring and frustrating, there are many scenarios where those payments can be amended. For example, if the recipient of financial support remarries, or moves in with a significant other, payments may be ended or significantly reduced.
Other circumstances that would end the payments altogether include the two of you coming to a signed agreement that payment will end on a specific date, the court orders an end date, or either spouse dies.
It’s also important to understand that no two divorce cases are identical. Everyone’s marriage, separation, and general life circumstances are different. Judges are aware of this and treat them all as such. As men, it’s important to also understand that you are entitled to request financial support from your former spouse, or the courts if an agreement fails to be reached.
Modifying or Ending Spousal Support
Sometimes life circumstances change after a divorce, which can affect existing support orders. Either spouse has the right to request a modification if there’s a significant change in income, employment, health, or living situation. For example, if the paying spouse loses their job or retires, or if the receiving spouse becomes self-supporting, the court can review and adjust the order. Understanding how and when to request these changes can prevent financial hardship and ensure fairness for both parties. Consulting with an experienced attorney can help you file the proper motions and present strong evidence to support your request.
Asking for Help
Whatever your situation is, you should never feel alone. That’s why Men’s Center located in San Diego is here to help you. Take advantage of a free case review as soon as possible to provide yourself with as much support as possible. The sooner you reach out, the more preparation can go into your individual case.