Alimony Support Information

Los Angeles Divorce & Family Law Attorney

Alimony is financial support ordered by a court to be paid by one spouse to another after they are separated or divorced. Alimony will typically terminate in the event of remarriage, the death of either spouse or the recipient spouse cohabiting in a relationship which has the financial characteristics of being married. Generally, the alimony award can be adjusted up or down based on a change of circumstances of either party.

In California family law, an award to a spouse (alimony) is not mandatory in a divorce (marriage dissolution) or legal separation. Essentially the courts have discretion to limit or deny support altogether based on the circumstances of both parties.

The courts are bound to consider a number of statutory factors when making spousal support orders:

• The ability of each party to be financially independent
• The parties “circumstances” – the standard of living established during the marriage, their individual needs and ability to pay
• The spousal order must be based on facts, so it is important to provide precise and current financial information such as pay stubs, self employed income, etc.
• Did one spouse contribute to the education of the other resulting in increased earning potential
• Age and health of the parties
• The needs of each party based on the standard of living established during the marriage
• Duration of the marriage
• The overriding public policy concern for the welfare of the parties’ minor children. What impact there will be regarding the custodial spouse’s ability to work?
• Each parties assets and liabilities (debts) along with tax consequences
• History of domestic violence
• Objective of eventual self support

A temporary order will not necessarily follow all these rules and guidelines as it is intended to be an immediate solution while the full case is resolved and a “permanent” spousal order is issued.

In the event of important changes such as the other’s need for support, there can be a modification of a spousal support order. The courts will consider what is just and equitable.

The spousal support order (alimony) can be terminated where it was for a pre-determined fixed period or a new order is issued. Typically spousal support orders remain in effect indefinitely when the marriage was of long duration. Unless there is an agreement to the contrary, the alimony payments will cease upon the death of either party or the supported parties remarriage.

To speak with a family law attorney serving the greater Los Angeles area about any alimony or family law issue, please contact us today at 626-440-9518 for a complementary confidential consultation.