By now, you probably know that ending a marriage can impact your financial situation, often leading to economic shortfalls during and after the divorce.
Spousal support (alimony) can help to offset the financial challenges of post-divorce life on a single income, but courts do not award alimony as freely as they once did. Learning how California courts address spousal support can offer you clarity during this complex process.
Types of alimony
Unlike some states, California essentially provides only two types of financial support for spouses: temporary and long-term. Temporary support is provided during the divorce to help the financially-disadvantaged spouse.
In contrast, long-term support is ordered after a divorce and can last for a defined period or indefinitely. It can be difficult to secure a long-term alimony award in the modern family law environment of today.
Duration of long-term alimony
It often depends on the length of the marriage. For those lasting less than ten years, support may be awarded for half the duration of the marriage. In marriages lasting ten years or more, there is often no set length – the spousal support may continue indefinitely.
Obtaining long-term alimony
For a long-term support award, the requesting spouse must demonstrate they cannot maintain the standard of living established during marriage without financial assistance.
Examples of factors the courts consider include:
- Length of marriage
- Each spouse’s income and earning capacity
- Age and health of each spouse
They also consider spousal contributions to the marriage, such as homemaking and child-rearing. Evidence like financial records, employment history and witness testimony can help prove you need long-term support.
Legal guidance can also play a role in demonstrating the need for a long period of alimony. Understanding more can help you present your case in the light most favorable to your needs.
