Alimony after divorce doesn’t have to be confusing. Learn how spousal support works and how we can help protect your financial future.
Unfortunately, if you’re facing a divorce, financial topics like alimony payments and child support are likely to bring up conflict. Alimony payments are also known as “maintenance,” or “spousal support.” Essentially, alimony is the legal obligation of one former spouse to provide some amount of financial support to the other. But what qualifies you for alimony after a divorce? Read on for a quick overview.
Who is Entitled to Alimony After Divorce?
Alimony is generally not considered necessary when both spouses are able to financially support themselves after the divorce. In these cases, the court assumes that each person can maintain a reasonable standard of living on their own. However, if one spouse has been out of the workforce for a significant period—such as staying home to raise children or support the other’s career—that person may need time and financial assistance to regain their footing. In such situations, the court may award temporary alimony to help bridge the gap while the supported spouse re-enters the job market, gains new skills, or finds stable employment.
As you can see, not all former spouses are entitled to alimony. There are some general questions to consider when determining if you or your soon-to-be-ex spouse is entitled to alimony payments, such as the length or your marriage, the health of each spouse, as well as your post-divorce incomes and expenses.
1. Length of Marriage
One of the most important factors in determining what qualifies you for alimony after a divorce is how long you and your spouse were married. The longer you’ve been together, the greater the chances for alimony, and the longer the duration of payments will be required. For example, if you’ve been married for more than ten years and the difference in your incomes is very visible during that period, spousal support would not be a possibility. Of course, the opposite is also true. If you were only married a year ago, the likelihood of alimony is very slim.
2. Income Disparity
In order to qualify for alimony after divorce, you’ll need to prove that your spouse earned significantly more money than you during your relationship, and that they’re able to afford alimony payments. However, if you earn roughly the same amount, the judge will not see any reason why alimony would be necessary. The court may also consider factors like the length of the marriage, each spouse’s earning capacity, and whether one spouse sacrificed career opportunities to support the household. Alimony is not guaranteed and is awarded on a case-by-case basis.
How Much Alimony After Divorce Can I Expect?
California’s court system uses specific guidelines to calculate what it considers fair spousal support payments. The amount of alimony you could receive after the divorce depends on a variety of financial and personal factors. These include each spouse’s gross annual income, tax filing status, and any mandatory deductions such as health insurance premiums. The court will also consider the number of dependents in each household and whether either party is responsible for paying child support. All of these elements help determine a fair and reasonable support amount under California law.
Do You Qualify For Alimony After Divorce?
The laws surrounding spousal support vary from state to state across the country, meaning what applies in one jurisdiction may not apply in another. Because of these differences, it’s important to speak with a local family law attorney who understands the specific guidelines and legal standards in your area. They can help you gain a clearer understanding of what qualifies you for alimony after divorce based on your unique circumstances and your state’s laws.
At Whipple, Mercado & Associates, we’re here to help. Call us today at (925) 344-5050 to schedule a free consultation, or view our testimonials.