If you're getting divorced in California and think you might be entitled to spousal support, or if you've already been ordered to pay spousal support and think the arrangement is unfair, don't wait to preserve your legal rights. You'll need the assistance of a Spousal Support Lawyer.
For Spousal Support Claims, Find A Family Lawyer in Los Angeles
A divorce is a life-changing event, and for those who don't make as much as their former spouse, it can result in a considerable drop in household income and, in some cases, a reduction in quality of life. One of the biggest surprises for divorced couples is how quickly their standard of living can alter after their marriage ends, especially in a state like California, where the cost of living is much greater than in most other states.
Spousal support is frequently awarded during the divorce process in circumstances when payments by one spouse to the other will allow both parties to preserve the status quo or the quality of life they established throughout their marriage. In other words, spousal support is intended to ensure that all parties in a divorce have equal financial well-being, but an equitable spousal support arrangement is not always the result of divorce proceedings, particularly those that are contentious.
When Does Spousal Support Become Necessary?
Not all divorce cases require alimony payments, but in cases where the two spouses' incomes are significantly different, spousal support may be granted to the lower-income spouse to assist with daily living expenses and give that spouse a reasonable period of time to become financially self-sufficient. Spousal support payments, if required, begin after a couple files for divorce and might last for months or years, depending on the facts of the case.
Spousal support may be provided for half the length of the marriage in most cases for marriages lasting less than ten years. In other words, if you've been married for six years, and your spouse's income is significantly more than yours, you may be eligible for three years of spousal support. However, in marriages that endure more than ten years, the court is unlikely to establish a future date for spousal support termination.
Your spouse's duty to pay alimony doesn't really begin before there is a court order or an executable written agreement, regardless of how long the court decides you are entitled to spousal support. Unlike child support, which is calculated using a mathematical formula that considers the parents' income, the percentage of time each parent spends with the children, and how much each parent contributes financially to raising and caring for the children, the court has a lot of leeway in determining spousal support payments.
The court will take into account a variety of considerations while deciding on spousal support:
The length of time that the couple has been married.
The longer a marriage lasts, the more likely spousal support will be considered after a divorce. If a spouse has worked for years to support their family, they are likely to obtain spousal support for a lengthy period of time after the divorce.
The ability of one spouse to support the other financially.
If one spouse owns and controls more property and assets than the other, the court may conclude that they are financially capable of paying spousal support.
Each spouse's age and health.
Some spouses have impairments or long-term medical illnesses that necessitate ongoing care. Permanent spousal support is likely to come up during divorce discussions if they rely on their spouse to pay for their medical care or if they are too old or unable to return to work.
Each spouse's earning potential.
It's fairly uncommon for one spouse to have a much higher salary than the other. In these cases, the court's support judgment is usually based on the amount the supported spouse needs to maintain an equivalent lifestyle to what they enjoyed while married, rather than the supported spouse's basic living expenditures.
The tax implications for each spouse
Varied sorts of investments and assets have different tax implications. Individual tax burdens of the divorcing spouses will be considered during the divorce processes and will have an impact on spousal support judgments.
Whether one party's economic potential has been harmed as a result of time spent raising children.
It counts if the divorced couple has children and one of the spouses has left their work to raise the children at home. Years of professional experience and a significant gap in their work history were likely lost by the stay-at-home spouse in their former employment, both of which might be disadvantageous when they need to locate full-time employment. A former homemaker may be awarded spousal support so that they can afford higher education, professional certification, or re-entering the job at an entry level.
Whether one party contributed to the education or professional licensing of the other.
Married couples frequently financially support one another while they pursue higher education and professional certification. When determining spousal support, the court will consider how much one spouse contributed to the other's education and professional career.
The amount of time spousal support is required.
Based on their medical condition, age, earning potential, and other factors, some divorcing spouses will be able to make strong arguments for permanent support. Permanent support is often awarded when one spouse has a demonstrable financial need for long-term or permanent support, and the court determines a suitable period for payments to continue based on the facts of the case.
A history of domestic violence.
If one of the divorcing spouses assaulted the other, the victim has a significantly better chance of receiving long-term spousal support, especially if they suffered financial losses as a result of the abusive relationship.
Spousal Support: What Are the Different Types?
In a divorce, spousal support, commonly known as alimony, is a regular payment made by the higher-earning spouse to the lower-earning spouse to enable the lower-earning spouse to manage living expenses and maintain a level of living similar to that which he or she had before the marriage ended.
Spousal support differs from child support, which is a payment provided by one divorced parent to the other to cover the costs of their children's daily living and medical bills, and the court calculates these two types of support differently.
Unlike child support, which is calculated using a strict mathematical formula, spousal support is far more flexible and open to interpretation, and if your spousal support case goes to court, having an experienced Los Angeles Family Law Attorney on your side can ensure that you receive the maximum amount of spousal support. There are two categories of spousal support in California:
Spousal Support on a Temporary Basis
The purpose of temporary spousal support is to keep the family's standard of living while the divorce is being finalized. At the time of separation, a party might request temporary spousal support by filing a motion with the court.
It's worth noting that temporary spousal support may begin before a divorce is finalized. The judge may rule that temporary support is in the family's best interests, and depending on the court's decision, the divorce process may result in either a prolonged temporary spousal support arrangement or permanent spousal support.
Spousal Support on a Permanent Basis
The court may decide to grant permanent spousal support if you have been married for ten years or longer. Such spousal support is paid until the supported spouse dies or remarries or until a significant change in circumstances warrants a revision of the spousal support order. Every spousal support agreement will include a list of "terminating actions" that specify how the agreement will cease. Whether you are paying or receiving spousal support, knowing the grounds for a terminating action that ends your support arrangement is critical.
California is A No-Fault Divorce State
Going through a divorce can be financially draining, and if your spouse had an affair or otherwise acted in a way that ruined your marriage, you may believe that you deserve a higher alimony payment or that you should be asked to pay a lower alimony payment because the divorce was your spouse's fault.
California, on the other hand, is a "no-fault" divorce state, which implies that a spouse can divorce for any reason without having to establish that the other spouse did something to cause the divorce. This also indicates that when determining the amount and length of spousal support payments, the court will not take into account either spouse's culpability. However, if the alimony recipient is cohabiting, the court may rule that he or she no longer needs alimony and alter the payments accordingly.
Modification and Termination of Spousal Support
The goal of spousal support is to give the lower-earning spouse a reasonable amount of time to become financially self-sufficient, and whether this goal is met or not, the income or expenses of either spouse may change dramatically enough that the spousal support agreement may need to be modified or terminated in the months or years following a divorce. Due to a major change in financial circumstances, such as diminished income or job loss, an individual receiving spousal support may request a modification of the agreement to reflect a greater amount.
Conversely, the person paying alimony may request that it be discontinued, either because of a major loss of income on his or her behalf or because the spouse receiving alimony has become self-sufficient or has not made a good faith effort to do so. The marital standard of living, the amount of time since separation, any changes in either party's financial circumstances, and the supported spouse's efforts to find gainful employment are some of the variables the court may consider when deciding whether a spousal support modification or termination is warranted, among other things.
Although a supported spouse has the right to refuse spousal support, the court has the right to mandate it in times of financial hardship. The payments made by the supporting spouse are tax-deductible, whereas the payments received by the supported spouse are taxable income.
A providing or supported spouse can request a spousal support modification at any time to reflect changes in their financial and living circumstances. When a court order specifies an end date, one spouse dies, or the supported spouse remarries, spousal support immediately stops.
When Your Ex Falls Behind on Spousal Support Payments
When a court directs one spouse or partner to pay support to the other, the order becomes a court order that must be followed until the court alters or ends it or until the support order's expiration date.
- If you owe spousal or partner support and fall behind on your payments, you must pay a yearly interest rate of 10% on the outstanding balance. Interest charges are mandated by law, and a judge has no power to prevent them.
- If you owe arrears (past-due spousal or partner support), your court order, or if there is one, your wage assignment (garnishment), may include an amount in excess of the monthly spousal or partner support. This amount is referred to as a "liquidation amount" because it is used to pay off your debts. However, even if you pay your arrears in installments, interest is still applied to your account.
- Failure to pay spousal or partner support as directed by the court might have serious repercussions. If the court determines that you have the financial means to pay support but refuse to do so, you may be held in contempt of court. Contempt of court is a serious offense that can result in incarceration. When all other options have failed, this enforcement technique is usually used.
If you are the support recipient's husband or partner, you may be eligible for assistance in collecting your support order. If the local child support agency (LCSA) is currently assisting you with the collection (enforcement) of a child support order for a child you share with your spouse or domestic partner, the LCSA can also assist you with the collection (enforcement) of a spousal/partner support order. If the LCSA has not yet assisted you, but you have both child support and a spousal/partner support order, you can request that they initiate an enforcement case on your behalf and assist you in collecting both types of support.
Changing Support Agreements After It's Executed
Depending on the circumstances, either the husband or the domestic partner may need to adjust the amount of spousal or partner support paid. There must be a "change in circumstances" to request an adjustment in the support amount. This indicates that since the spousal or partner support order was issued, something major has occurred.
Perhaps the individual receiving support no longer requires it, or perhaps the person paying support has seen a large decrease in income and can no longer afford the quantity of support. When the receiving spouse/partner is not making a good faith attempt to become self-sufficient, the paying spouse/partner can ask the court to terminate or modify the support order.
Temporary Spousal Support Orders Can Be Modified
California law recognizes two types of spousal support, one of which is temporary support provided while the divorce is proceeding. Temporary support payments are frequently calculated using formulae established by each court or county. If your circumstances change during your divorce case and you receive a temporary support order, you can ask for it to be changed. If you lose your job or encounter another incident that makes it impossible for you to continue paying support at the level ordered, your California Family Law Attorney can ask the court to amend the order.
Permanent Spousal Support Orders Can Be Modified
You may be required to pay spousal support for a longer amount of time after your divorce is finalized. In rare cases, you and your husband may agree in your divorce settlement that a spousal support order cannot be changed. This means that regardless of when you or your former spouse suffered financial changes, you will be obliged to pay the agreed-upon sum for the stated period of time.
The only time you can change this type of support order is if something serious happens. Before you agree to a non-modifiable spousal support order, always talk to your L.A. Family Law Attorney about the implications.
If you have a modifiable spousal support order and are having difficulty paying support as directed, you should speak with a skilled California Spousal Support Lawyer. You may be able to address the situation with your former spouse, and they may be able to understand why you are unable to continue making payments. If you and the other party can agree to lower payment amounts or end payments early, you can present this agreement to the court, which will modify your order accordingly.
In other cases, your ex-spouse may refuse to consent to a change in the amount or length of support. This implies you'll have to petition the court to have your spousal support order modified. This necessitates establishing that you have undergone a meaningful change in circumstances that warrants a change in support. Without sufficient proof of such a change in circumstances since the initial order, the court will not cut support.
What Constitutes a Significant Change in Circumstances?
For the purposes of spousal support changes, numerous scenarios can qualify as a major change of circumstances. These include the following, but are not limited to:
- Unemployment or a drop in income due to no fault of one's own
- You are unable to work due to a disability, illness, or injury
- Asset loss or a rise in the debt-to-income ratio
- Work-related retirement
- A company's failure
- The support recipient's cohabitation or remarriage
- Gainful employment or an increase in the support recipient's income
- Supported spouse's inheritance
Remarriage or other comparable occurrences may trigger the automatic termination of spousal support orders in specific situations. Outside of terminating events, you'll have to show the court that your meaningful change in circumstances supports a spousal support payment reduction.
Proof of Your Financial Change of Circumstances
The family court will not simply take your word for it that your financial condition or that of your spouse has altered. Your LA Family Lawyer will determine what evidence is required to substantiate your claims in court and will endeavor to collect and present that evidence in the most convincing manner feasible.
Proving a loss of income is simple because you'll need to present income statements that may be compared to your wages at the time of the divorce order. A loss of assets or other factors that affect your financial condition are the same.
Your CA Family Law Attorney can assist you in obtaining your former spouse's marriage license or other proof of their relationship if they have remarried or cohabitated with someone other than you. The type of evidence required to prove cohabitation will vary depending on the circumstances.
It can be more difficult to acquire evidence if you claim that your former spouse now earns enough money to support themselves without spousal support. People are often hesitant to give papers that will result in their support payments being reduced or terminated. Your Los Angeles Family Law Attorney has the legal authority to demand that your former spouse fill out a declaration of income, spending, and other relevant facts. If your spouse refuses to participate, the court may impose sanctions and order the information to be provided.
With the appropriate counsel on your side, you can subpoena evidence of your spouse's changed circumstances to prove that you are entitled to a modification of your spousal support order. This can be a difficult situation, but family law firms have the resources to gather the information and evidence you want.
Making an Appropriate Modification Request
Too many people find themselves in financial difficulty and cease paying spousal support. This is a mistake because failing to comply with your support order without the court's authorization can result in serious consequences, such as being held in contempt of court and incurring severe fines.
Instead, call a Family Law Attorney as soon as you believe your or your spouse's new circumstances merit a downward revision of your support payments. When necessary, a California Family Lawyer will assess whether you have a solid case for a modification, assist with out-of-court talks, and petition the court, and present a persuasive case on your behalf.
Taxes and Spousal/Partner Support
Spousal support orders or judgments entered before December 31, 2018
When filing federal or state income tax returns, a person who pays spousal support under a divorce or separation decree or judgment entered before December 31, 2018, can deduct the amount. On these payments, the party receiving support pays federal and state income taxes.
For tax purposes, any changes to this spousal support order or judgment made after December 31, 2018, are handled the same way. Parties can, however, agree to support by the new federal law, which makes spousal support non-deductible for the payer and non-taxable for the recipient. The updated judgment must clearly declare that spousal support payments are subject to the new federal tax rules.
Spousal support orders or judgments entered after December 31, 2018
Federal income taxes: For divorce or separation orders and judgments, the federal government has amended the tax legislation on spousal support. After December 31, 2018, spousal support payments cannot be deducted from federal income tax returns.
The person receiving support will not be required to report the funds as income on their federal tax returns.
In terms of spousal support, California tax regulations differ from federal tax regulations. After December 31, 2018, spousal support payments will be tax-deductible for the individual who pays and taxable as income for the person who receives spousal support unless state tax regulations change.
Support from a domestic partner
When it comes to domestic partner support, the law is more convoluted. Support payments made by registered domestic partners in California are treated the same as spousal support. Spousal support payments are mentioned in federal tax legislation but not partner support. It is critical to speak with an experienced Los Angeles Spousal Support Lawyer or accountant who is familiar with this area as well as income, property, and other taxes.
Support Agreements Between spousal and Wife
A spousal or partner support order can be agreed upon by spouses or domestic partners. They avoid having to appear in front of a court and leave the decision to him or her by agreeing and signing a written agreement (a stipulation).
Creating an arrangement for spousal or partner support
Spouses or domestic partners can agree on a spousal or partner support amount, but the agreement will not become a court order until the judge accepts it and signs it.
To draft a spousal or partner support agreement, follow these steps:
Learn about your rights and duties when it comes to spousal or partner support. You should understand how spousal/partner support works and what your rights are before signing an agreement with your spouse or domestic partner on spousal/partner support (whether you will be paying it, receiving it, or consenting to no support). That way, you'll be fully informed when you write up and sign your contract.
Determine the amount and length of spousal/partner support. After you've grasped the concept of spousal or partner support, you and your spouse or partner must agree on the following:
- An amount (or none if you agree that neither of you will pay the other spousal/partner support)
- The length of time that the support payments will be made
- Payments will be paid either directly between the two of you or through wage garnishment (an automatic withdrawal from the paying person's income
Consider additional topics to see if you can come to an agreement on them as well. Other matters such as property and debt division, or, if you have children, child support, custody, and visitation will be decided by the court as part of your divorce or legal separation. Consider reaching a consensus on these matters as well.
Make a written agreement.
A spousal or partner support arrangement (sometimes known as a "stipulation") does not exist as a legal document. If you have one, you must write your own spousal/partner support order or include it in the overall marital/partnership settlement agreement or stipulated settlement for your divorce.
Signing.
The agreement or stipulation must be signed by both spouses or partners. Make sure you understand it and that you are signing it voluntarily, not under duress or pressure.
Submit your agreement to the court for signature by the judge.
Check with the court clerk to see if you need to make copies ahead of time and submit them with the original or if you can submit the original and make copies later. The methods for doing so will differ slightly from one court to the next, so make sure you ask the clerk what you should do and when you should return to pick up your papers.
After the judge signs your agreement/stipulation, file it.
File the original with the court clerk after the judge has signed the agreement/stipulation (after making copies if you did not already make them). The clerk will keep the original and return your copies to you with a "Filed" stamp. You will receive one copy, and your spouse or domestic partner will receive the other.
Alimony Payments Affected by Remarriage Termination Provisions
Divorcing partners in California have the option of negotiating private spousal support agreements or seeking court-ordered alimony. Judicial orders can include lump-sum payments, short-term support, or ongoing support payments. Short-term alimony helps lower-income spouses re-enter the employment, and it usually ends before the receiving spouse remarries, thanks to a court order. Similarly, lump-sum support awards usually become effective after the divorce decree is signed.
Long-term or permanent alimony arrangements and awards are frequently impacted by remarriage. Unless otherwise agreed to in writing, spousal support payments automatically stop upon the receiving party's remarriage under Section 4337 of the California Family Code. As a result, in California, remarriage will take precedence over judicial alimony decrees.
Unless the contract clearly states that the support would continue after the receiving party's remarriage, a subsequent marriage also eliminates spousal support obligations stated in divorce settlements. In California, an LA Family Law Attorney can analyze your divorce settlement agreement to see if you can legally stop paying spousal support.
Ending spousal maintenance payments has its own set of rules.
Alimony terminates automatically following the receiving spouse's legal remarriage, with no action required on the payer's behalf. The receiving spouse is required by California Family Code 4334 to notify the obligor of the remarriage. If this is not done, the remarried spouse must repay all alimony payments made after the remarriage, minus any arrears. Following the receiver's remarriage, the following unique regulations apply to spousal support and related obligations:
- Even if the paying spouse remarries, the arrears must be paid.
- Child support payments are not terminated by remarriage.
- No part of the support payments received through real or personal property transfers must be returned by the remarried spouse.
- Other agreed-upon spousal obligations under a court order or divorce settlement are not terminated by remarriage.
- Alimony is not automatically terminated by cohabitation without remarriage or registered partnership.
- Support payments are not immediately terminated by unlawful remarriages, such as commitment ceremonies.
Before stopping alimony payments, ex-spouses who have been notified of a potential remarriage should always consult with a spousal support counsel. Receiving spouses frequently conceal their remarriage in order to minimize family strife or to collect further payments. As a result, obligors frequently learn about the wedding from their children, friends, or other third parties.
Continue to pay alimony until you receive confirmation from your ex-spouse or a public database of a legal remarriage. Overpayments and potential punishments can be recovered in court, but courts rarely overlook missed payments based on secondary information.
When an ex-spouse remarries or cohabits, a petition to terminate alimony can be filed.
Many couples have relationships that are similar to marriage but are not legally married or registered domestic partners. In such scenarios, spousal support does not automatically end, but courts may consider modifying or terminating alimony in light of the new circumstances. Cohabitation in a marriage-like relationship frequently qualifies as a significant change, allowing the court to order the termination of spousal maintenance payments. Family. 4336 is a code.
Paying spouses may appeal for an order to stop alimony payments or demand a recalculation while spousal support conditions are pending. Obligors frequently seek orders requiring their ex-spouses to demonstrate why support should not be terminated owing to a change in economic circumstances. Obligors must generally present admissible proof to support their petitions for termination, which may include the following:
- Cohabitation or remarriage affidavits (notarized statements) from friends or relatives
- A certificate of marriage
- Evidence of an ex-new spouse's residence
- Posts on social media indicate a wedding or cohabitation
- Ex-text spouse's messages and emails
The ex-spouse may be ordered to furnish updated cost reports or expose facts about his or her money and relationship by the court. The obligor may obtain reimbursement for support paid after filing the modification petition if the judge terminates or adjusts alimony based on cohabitation.
If the ex-spouse hid a connection or failed to declare significantly changing circumstances to avoid decreased alimony, the obligor may be entitled to a reimbursement. Consider one of our prescreened California Lawyers in your Cal Bar Attorney Search.
In California, there is a ban on reviving spousal maintenance that has been terminated.
In rare situations, the receiving spouse will remarry without realizing she has engaged in an illegal marriage. She may also immediately regret her remarriage and file a legal annulment petition. An annulment, unlike a divorce, renders a remarriage null and void. Certain forbidden marriages are also immediately terminated under California law. In such circumstances, one spouse may stop paying support when the receiving spouse remarries, but the receiving spouse may face post-annulment requests for continued support payments.
Despite later annulment or legal invalidity, California does not allow the receiving ex-spouse to reclaim spousal support after remarriage (Sefton v. Sefton, 45 Cal.2d 872 (1955)). Receiving spouses renounce future support requirements from their ex-spouses if they attend wedding ceremonies. In most cases, the ex-spouses can rely on the validity of the new marriage and stop paying alimony.
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