What Kinds of Spousal Support are Available in California?
For many married couples in the United States, divorce is the only option. When a couple has exhausted all other avenues and realized that they no longer want to continue with their marriage, they can get a divorce.
Unfortunately, filing for divorce and being divorced isn’t always the easiest financial option. Couples who have relied on one another for financial obligations for years often find themselves wondering what they will do to make ends meet or maintain the lifestyles they’ve developed together. For couples who get divorced in California, it’s important to know about the various types of spousal support that’s available within the state.
Spousal support is also known as Alimony for tax purposes. It’s a monetary amount that is paid monthly by a spouse to the other spouse. The payment of support is meant to enable the supported spouse to continue being able to live the same lifestyle they were able to live throughout the marriage.
Types of California Spousal Support or Alimony Law
In California, there are a few different types of alimony that are available. They include the following:
- Temporary Spousal Support: Temporary spousal support is the type of maintenance that is temporarily paid to one spouse by the other after the couple’s separation during the divorce action. It can stop after the divorce is finalized or even continue, depending on certain factors.
- Permanent Spousal Support: Permanent spousal support is the type of maintenance that one person pays to the other until further court order, death of a party, or remarriage of the supported spouse. Generally, this type of spousal support applies to marriages that lasted ten years or longer.
- Lump-sum Spousal Support: This type of spousal support is paid in a single, lump-sum amount instead of in monthly payments. The spouses have to agree to this type of payment and amount for it to be in place.
- Property distribution: Instead of cash payments as support, one spouse can decide to give full ownership of the property to the other in lieu of support.
Determining the type of spousal support that’s right for your divorce is the first step in finding financial security without your spouse. A good alimony attorney will know the right questions to ask to uncover your temporary and long-term financial needs. Once the type of spousal support you need is determined, you will need to work with a lawyer to find out whether or not you’re eligible and how to build a case in your favor.
What Determines Eligibility for Alimony?
The thought of divorcing a spouse but continuing to pay for his or her lifestyle is often an unpleasant scenario. In any divorce, the facts of the case determine whether a spouse is eligible for spousal support and, if so, the type and amount of spousal support he or she is entitled to. Common circumstances that define eligibility for alimony include:
- Length of marriage
- Current employment status
- Current employment earnings
- Employment history prior to marriage
In addition to these factors, a large determining circumstance for spousal support following a divorce is whether or not a prenuptial agreement was filed before marriage.
As with child custody, spousal support is often a disputed issue in any divorce. Whether you hope to receive spousal support or are looking to mitigate the impact spousal support payments will have on your financial situation after a divorce, speak with an experienced Riverside divorce and alimony lawyer.
Experienced Riverside and San Bernardino Alimony Attorneys Near You
To start the process of determining your eligibility for alimony, you need to contact an experienced alimony attorney near you as soon as possible. The attorneys with Bratton Razo and Lord have worked with couples and families throughout Riverside and San Bernardino Counties since 1989 and are primed to help you resolve your case as effortlessly as possible. All our attorneys are members of the Riverside County Bar Association and believe in doing what’s best for you and your family.
We want to help answer any questions you have about California alimony laws and be the lawyers on your case. To talk to us today, call (951) 684-9000 or connect with us online to schedule your free consultation.