What is Alimony?

You need to know and as explained in the California family law textbook,  alimony is support one spouse pays to the other during or after a Californian divorce However, some states use the word “alimony”, while other states call it “spousal support”. In California, “alimony” is called “spousal support. Alimony or spousal support is money that one spouse pays to the other spouse for support during and/or after a Californian divorce. 

Importantly, the requirement of marriage must be met for the court to make an order for the payment of spousal support, unless there is a provable agreement by the parties so providing (such as a Living Together Agreement).  And without a provable agreement, couples that never married do not qualify for court-ordered spousal support regardless of how long they have lived together. That is because there is no common law marriage in California. But all is not lost because unmarried couples living in California can make whatever agreement that they want to make, even one that includes spousal support.

Why Do We Even Have an Alimony Law?

Also explained in the California Family Law textbook, the alimony or spousal support laws were designed to help the spouse who did not have the same opportunities as the other spouse during the marriage. The spouse who cares for the children usually has less opportunities for career advancement and pay increases. And most of the time, there is one spouse who continually works during the marriage. This spouse usually earns more money than the other spouse. Alimony is intended to even up these income disparities.

Who Decides Alimony Will be Paid?

a Judge's GavelEither the couple decide in a written agreement that alimony will be paid or the judge decides. The judge must take into consideration the circumstances in California Family Code section 4320. They are:

  • The earning capacity of each party.
  • The supported party’s present or future earning capacity impairment.
  • The extent to which the supported party contributed to the career of the supporting party.
  • The ability of the supporting party to pay spousal support.
  • The needs of each party based on the standard of living during the marriage.
  • The obligations and assets, including the separate property, of each party.
  • The duration of the marriage.
  • The ability of the supported party to engage in gainful employment.
  • The age and health of the parties.
  • All documented evidence of any history of domestic violence.
  • The immediate and specific tax consequences to each party.
  • The balance of the hardships to each party.
  • Any other factors the court determines are just and equitable.

Who Decides For How Long?

a Judge's GavelThe couple decide on how long one spouse will pay support to the other. If the parties cannot agree, then the judge decides.

Who Decides How Much Alimony?

a Judge's GavelThe couple must decide how much spousal support will be paid or the Californian divorce judge decides the amount of money that one spouse will pay to the other spouse.

Alimony Conclusion

If the married couple cannot decide the spousal support issues set out above, a judge will decide all of them. A judge makes the decisions: (1) court-ordered alimony or not; (2) how much alimony; and (3) for how long. The judge, however, must look at California Family Code section 4320 and carefully, consider all of the circumstances set forth in that code. But remember, the judge has only to look at the code and consider it before making his/her decision. There is no requirement that a judge decide for or against spousal support based on what he or she considered. The decision is valid if the judge considered the factors set forth above. End of discussion.

Please note that if you do not have an attorney, you can obtain information and present your side of an alimony request by reading Chapter 14 of California Family Law 2021 Edition. Check out this testimonial…

“I’m so glad I purchased this book. It totally gave me the upper hand in my pending divorce case. The case law provided in this book helped me to successfully terminate spousal support. If you’re involved in a family law matter in California, you need this book.” Click here to see the review on amazon.com.

And if you do have an attorney, you can help your attorney by providing admissible information to your attorney that will help your case.

Can I Get Alimony If I am Living with my Boyfriend/Girlfriend?

a Judge's GavelEither the parties agree that one spouse can live with his/her light-of-love ( unmarried couple) and collect spousal support or a Californian divorce judge makes the decision. If the judge is making the decision, the judge looks at the “decreased need” of the supported spouse. The supported spouse needs less because the new lover is usually helping with the household expenses.

Many people believe that if a person moves in with her/his new romantic partner, alimony ends during and after a Californian divorce. While that is the case much of the time, that is not the law. The law is “decreased need” as discussed above.

Where Can I Get More Information about Alimony?

California Family Law 2021 Edition textbook by LW Greenberg EsqYou can get more information on a Californian divorce by purchasing California Family Law 2021 Edition by LW Greenberg Esq.

You can click on the book to purchase on amazon.com or click here.

No Marriage, No Support

Without marriage or a provable Living Together Agreement, a court will not order alimony or spousal support or divide property purchased while together. California has enacted no laws that provide help with these two issues. No court will order alimony unless the unmarried couple has a provable agreement that provides one partner will pay support to the other. Further, all property acquired while together belongs only to the purchaser without such an agreement.

So where do you get such an agreement? You can go to an attorney and have the entire agreement prepared at a cost of $5000 or more. Or you can purchase The Legal Rights of Unmarried Couples Living Together in California by LW Greenberg Esq. This book contains a lot of information about unmarried couples living together AND contract provisions for a provable, written Living Together Agreement. So, you and your partner can choose the contract provisions that work for both of you. Take the chosen provisions and put them into one document. This is what you take to a California-licensed attorney for review at a cost of about $1000 or so. Choose your path. If you choose the book, click here to go to amazon.com to purchase.

Help you/your Attorney with your Case

You can help yourself and/or your attorney with your Californian divorce by reading cases and other information about issues that you and your soon-to-be-ex spouse cannot agree upon. The best book that you can purchase to obtain this information is California Family Law 2021 Edition. Click here to purchase California Family Law 2021 Edition on amazon.com.

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