Are You Entitled to Alimony (Spousal Support)?

Alimony (in California known as spousal support) is a monthly payment from one spouse to another. A court may order that alimony to be paid from one spouse to another based on the factors listed in California Family Code § 4320. A major factor in ordering spousal support is the income, assets and debts of each party.

The California Courts state that these factors include:

  • The length of the marriage or domestic partnership;
  • What each person needs based on the standard of living they had during the marriage or domestic partnership;
  • What each person pays or can pay (including earnings and earning capacity) to keep the standard of living they had during the marriage or domestic partnership;
  • Whether having a job would make it too hard to take care of the children;
  • The age and health of both people;
  • Assets and debts of each party;
  • Whether one spouse or domestic partner helped the other achieve an education, training, career, or professional license;
  • Whether there was domestic violence in the marriage or domestic partnership;
  • Whether one spouse’s, or domestic partner’s, career was affected by unemployment or by taking care of the children or home; and
  • The tax impacts of each party.

Awards vary depending on the circumstances and are hard to estimate.

Alimony can end if the recipient remarries or cohabitates with a new partner as it is presumed that new cohabitating partner provides a decreased financial need for alimony.

If you have questions or concerns about spousal support or alimony, please contact Morales Law for a complimentary consultation. THIS IS NOT LEGAL ADVICE. Factual circumstances will vary and require specific procedures. We are Santa Barbara Divorce Lawyers. This is for informational purposes only and should not be relied prior to, or in place of, consulting with legal counsel. Morales Law can be reached at (805)-422-7966 or at www.mysantabarbaralawyer.com.