Divorce Guide

Divorce Guide


California Divorce Alimony


Divorce and alimony are termed differently by various state courts of America. Alimony is known as spousal support in the state of California. The court of California mainly stresses on two main factors while determining alimony, the total amount of alimony to be paid and for how hefty is the sum to be provided. Though the family court of alimony have mentioned detailed litigation procedures with respect to various affairs of divorce like child support, but the laws related to alimony mentioned are rather vague in nature. The nature and the factors behind the sanction of the alimony entirely depend upon the discretion of the court.

Stated in the statute 4320, the following are the determinants for ting of alimony.
  • The standard of living that were enjoyed by both the spouses before divorce and the quality of life that both will be leading after the dissolution of the marriage.
  • The duration of the marriage life of the divorce seeking person. In fact this factor is mainly responsible for determining the amount of alimony and the duration of alimony by the judge. Generally, marital life of 10 years or more is sufficient enough for granting the alimony. Marriages lasting less than 10 years are generally not accounted for ordering spousal support.
  • The needs including medical and health requirements of both the spouses are taken into account by court.
  • The liabilities related to financial payments or expenditures are also considered by the court. The court can grant the person with alimony if he or she is left with huge amounts of financial expenses.
  • Many children suffer emotionally when his or her parent goes out for work which other wise was not the case before the declaration of divorce. If in such cases the single parent decides to stay at home and give company to his or her child, the spousal support is to be provided by the other spouse.
  • The contribution made by the alimony receiving spouse before divorce for the benefit of the family and the other spouse. The degree of sacrifice made by the spouse in order to increase the educational qualifications and job opportunities for the other spouse during their married life.
  • The income capacity of both spouses during and after the divorce. The court compares the earning ability of the spouses and grants alimony if one is in requirement of it and the other is financially stable enough to pay for it.
If in case the alimony is to be ordered by the court, after the divorce is declared by the court, a written document is produced stating that one spouse is entitled to pay a certain amount as alimony to the other for the specified duration of time. Before going a head with your divorce filing, you are recommended to educate yourself with all the laws related to California divorce in detail.


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