Alimony is also known as spousal support. Essentially what it is are mandated payments that one ex-spouse pays another after divorce has been filed, to provide financial support. Many states have laws that help divorced spouses have the ability to live the same quality of life they previously had when married.
Types of Alimony
Temporary Alimony
Temporary spousal support is ordered while the divorce is pending and in process. It doesn’t expire, nor is there a set period of time that the support lasts till. This type of alimony is to maintain living conditions and standards of living for both spouses while the final division of assets and debts are finalized, as well as the permanent alimony agreement.
Permanent Alimony
Permanent spousal support occurs after divorce is finalized. This type of alimony has an agreement based on a set of 14 factors that we will dive into later on. This type of alimony is to provide the ex-spouse with sufficient income for basic needs such as food, shelter, and clothing. Essentially, it is to make sure that their lifestyle remains consistent after divorce, and there are no drastic changes.
Purpose of Alimony
Alimony’s sole purpose is to give financial support to an ex-spouse for the time being in which they seek out to become self-supporting. It gives them financial support to lean on while seeking out employment or resources that meet their cost of living needs.
Factors Influencing Alimony
- Length of marriage
- Age and health
- Income of both partners
- Earning capacity
- Skills, education, job market
- Standards of living while married
- Property and debt
- Whether one spouse assisted the other in getting education, etc
- Need and ability to pay
- Impact of taxes on alimony
- History of abuse during marriage
- Children and the effects
Negotiating Alimony Agreements
Length of Alimony
The length of alimony will be dependent on what a “reasonable time” for finances to be stable between the finalization of the divorce and self-sufficiency. The length of support really depends on the length of the marriage. For example, for marriages less than 10 years, length is equal to half that time. For marriages more than 10 years, the spouse with less income will receive alimony for however long they need it as long as the other spouse has finances for it.
How Much Support if Given?
In California, temporary support is calculated based on the lower income spouse’s needs, as well as the higher income spouse’s ability to pay.
A common formula that judges use to help calculate support is:
Monthly support = 40% higher earner’s net monthly income – 50% lower earner’s net monthly income
Other factors that may vary the amount of support are:
- Child is involved
- Pay for child to attend school
- High medical bills
- Lots of money in savings
Long term support usually is not involved, but may be common for those whose marriages were long, or there is a large pay gap between the ex-spouses.
In the case that long term, permanent support is ordered, a judge can make three types of orders:
- Order a certain amount of money that one spouse pays the other
- Reserve support that may be paid in the future
- End – terminate the ability of the court to award support
Seeking Legal Support
Seek out a Newport Beach family law attorney to help assist you in drafting and negotiating an alimony agreement. In the event that you are unable to come to an agreement for spousal support, a judge can decide and set the terms for you.