FAQs about Spousal Support (Alimony) in Walnut Creek CA
What is spousal support (alimony)?
Spousal support, also known as alimony, is a legal obligation for one spouse to provide financial assistance to the other during or after a divorce or separation. It aims to support the lower-earning spouse so they can maintain a similar standard of living to what they had during the marriage. Factors that are considered include the duration of the marriage, each spouse's income and financial needs, and the recipient's ability to become self-sufficient.
How is spousal support determined in California?
In California, spousal support is determined by considering various factors outlined in the Family Code. These include the length of the marriage, the standard of living during the marriage, the needs of each spouse, the ability of the supported spouse to earn a living, and any contributions each spouse made to the marriage, including homemaking. The court may also consider any history of domestic violence. It's essential to have an experienced attorney to navigate these complex considerations.
How long does spousal support last?
The duration of spousal support in California can vary widely depending on the specific circumstances of each case. Temporary support may be awarded during the divorce proceedings, while long-term support is typically determined during the final divorce judgment. Generally, spousal support is more likely to be awarded for longer periods in marriages that lasted a significant time, often equating to half the length of the marriage for marriages of ten years or more. However, each case is unique, making expert legal advice critical.
Can spousal support be modified?
Yes, spousal support agreements can be modified in California if there's a significant change in circumstances. This could include changes in income, employment status, or health issues. If either party can prove that the original terms are no longer applicable due to a change in circumstances, they can request the court to modify the support order. Consulting with a knowledgeable divorce lawyer is essential when considering a modification.
What should I do if my ex-spouse is not paying spousal support?
If your ex-spouse is not making the required spousal support payments, you can file a motion with the court to enforce the support order. There are several remedies available, including wage garnishment, bank levies, or even contempt of court, which can lead to penalties for the non-complying spouse. It's advisable to consult with a divorce lawyer to understand the best course of action to ensure compliance with the support order.