When a couple marries, they agree to support one another through sickness and in health. Divorce not only devastates mentally and emotionally, but can wreak havoc on the financial situation of a spouse who has become accustomed to a certain lifestyle. Alimony, also known as spousal support in California, is a monthly payment made from one spouse to another, via a settlement agreement or court order. The purpose of spousal support is to correct unfair economic situations.
There are two types of orders that can be granted in a divorce proceeding:
This can be agreed to or ordered by the judge while the divorce case is pending and during separation. It generally takes income into consideration and bases the temporary support on a formula adopted by the local courts.
This is more subjective and is determined at the end of a case based upon several factors. The parties can agree and may never need to go to court regarding support.
Not all divorces will have a spousal support award. Also, "permanent" alimony is a misnomer, as there are very few spousal support awards that continue indefinitely. Courts generally consider several factors when evaluating alimony, including length of marriage, spousal age, income and earning capacity of each spouse, overall health of each spouse, and reasons for divorce.
As the law now equally recognizes both spouses, regardless of gender, as being entitled to spousal support, Azemika & Azemika Law will navigate and help you understand your rights to spousal support during the divorce or separation process.
For comprehensive representation in any Divorce matter, including spousal support, call Azemika & Azemika. We will fight for and protect you and your family during the separation and divorce process. Contact us today online or by phone 661-322-8166 to arrange an initial consultation with our attorneys.
There are a variety of factors that the court must take in before deciding if spousal support should be awarded. Some factors include a spouse’s earning capacity, spouse’s standard of living established during marriage, age and health of the spouse, and whether there are children to support as well. A qualified attorney can help answer these questions for you in-depth and protect your interests.
No. The purpose of alimony is to ensure that the other party does not fall into poverty, not to punish the spouse for marital misconduct.
Yes, alimony is tax deductible as long as you and your spouse are filing separate tax returns. The paying spouse can deduct the full amount from the year’s tax return you are filing for. If you are filing jointly, you cannot deduct alimony from your taxes.
A California Court of Appeals has ruled that a trial court properly denied spousal support to Mother..more