California was the first state in the 1970s to implement the concept of no-fault. This means that you can file for a divorce in two possible cases. Either, you state that your marriage has irretrievably broken down or your spousal partner is incurably insane. You won’t need to specify the exact details or prove them in court. Both partners also don’t need to arrive at a consensus regarding the common grounds for divorce. It is enough that one partner wants to end it.
Infidelity or adultery hasn’t been defined by law but most agree that when one partner has a sexual liaison with his/her lover without the consent of his spouse, he has committed a grave indiscretion. However, it can’t be a ground for divorce alone.
However, infidelity can have some impact on the alimony that the dependent or the poorer spouse can demand. Since California is a community property state, whatever property is acquired by the couple during the period of marriage, will be equally distributed among the partners. Both have equal rights, except on properties acquired through inheritance or received as a gift.
Hence, if the wronged partner can prove that the cheating partner has spent a certain portion of the joint income on his/her lover, a judge can accept the submission and order him/her to reimburse the amount that was spent on the other person, to his spouse.
Infidelity is not a punishable offense in California
California courts can’t order a partner to pay a certain sum of money as compensation to the wronged partner because of his/her misconduct because that would mean that the court is punishing him/her for the “offense”. The soul ground for the alimony or the spousal support would be the financial need of the wronged or financially weaker partner. The court would try to ascertain that the spouse gets enough support so as to reasonably maintain his/her lifestyle that they had during the marriage. They may also look at the ability of the spouse to support themselves and their employability. The ability of the paying spouse to support would also be analyzed and brought under the scanner.
However, if the receiving spouse starts dating or cohabiting another person before the divorce is finalized, then according to Section 4343 of the California Family Code, the court may reduce or altogether withdraw the alimony as it sees that the financial dependency has decreased.
Frequent adultery or cheating may, however, have an impact on the custody rights of a person and may be a ground that leads him to lose his rights to keep his/her child.
To learn more about the divorce process in California and how mediation can help, please visit our page, What is Divorce Mediation.
Society and the courts have traditionally always favored women in cases of divorce settlement. It is usually the woman who claims alimony from her spouse post-divorce. But in reality, this is not a fair method of determining who has to pay spousal support to whom. In a relationship the woman may be in a better financial position than the man and in such cases the woman may be be required to pay alimony to her ex-husband.
Men’s rights regarding alimony in California and factors considered while determining alimony amount
The divorce and spousal support laws in California are fair and unbiased and focuses on the financial position and strength of each spouse and not the gender of each spouse. California laws take into consideration the net assets and liabilities or debts of both spouses before determining who has to pay alimony and the amount payable.
Husbands who are getting divorced in the State of California enjoy full rights granted by the law to receive alimony or spousal support from the other party. Some factors that determine the amount of alimony that the husband will get from his wife are the husband’s income from his current job, his income earning capacity, his health and lifestyle, his nature towards his wife during the marriage – whether there were any signs of physical, mental or emotional abuse or domestic violence. All these factors are taken into consideration by the civil court before calculating the alimony payable by the wife to the husband and to make sure that the spousal support terms and conditions are fair, just and equitable.
Husbands also have the right to receive temporary or interim spousal support from their wives if they can prove their poor financial situation. The judge will consider factors such as the husband’s debts, income, and expenses, as well as the current financial burden on their wife and determine an alimony amount which the wife will have to pay to her husband throughout the course of the divorce proceedings to financially support and take care of him.
Short-term spousal support
If the marriage has lasted less than 10 years then the husband can claim short-term spousal support from his wife if he can prove his financial needs to the judge or family court. The same factors are taken into consideration in determining alimony.
Long-term spousal support
A marriage that has lasted more than 10 years is considered to be a long-term marriage in the state of California and hence the husband can claim a larger spousal support amount from the wife after a divorce. Again, the judge takes the same factors into consideration before determining the amount of spousal support payable to the husband.
The husband also has the right to enter into a mutual stipulation or agreement with his wife for the amount of spousal support payable without the interference of the court. But this is only if the husband and wife are still on good terms after the divorce and can cooperate and negotiate with each other by themselves or with the help of legal representatives without the need of external interference by the courts.
To learn more about the divorce process in California and how mediation can help, please visit our page, What is Divorce Mediation.
Alimony is the money payable by the higher income earning party or spouse to the lower income earning party after the couple has separated or divorced. Usually, a family court issues an order stating the amount of alimony or spousal support payable by the financially more stable partner to his or her spouse until the latter can find a better job or marry someone else whichever is earlier.
Remedies available to the aggrieved spouse to whom alimony is payable
In the State of California, the judge considers 13 different circumstances when he has to determine the amount of alimony payable and the period of time for which it will be payable. Spousal and child support is compulsorily payable by the person whose name is mentioned in the court order passed. If the spouse who is supposed to make regular alimony payments fails to do so within the stipulated periods of time, then the other spouse can exercise remedial measures against the defaulting party.
The spouse can first apply to the spousal or child support agency that is handling your case and asks for an enforcement order to be passed. The agency will then calculate the amount of alimony due from the other spouse mentioned in the spousal support order previously passed by the family court and order the same to be paid by the defaulting spouse. The spouse will be required to state his or her reasons as to why the alimony payments were not made on time and will be given a reasonable amount of time to arrange for the money.
What are the more serious steps that can be taken against the defaulting spouse?
The spouse to whom the alimony is payable to is required to keep detailed statements and information about the alimony payments made, time of payments, etc. before initiating any legal action or court proceedings against the other spouse. If the defaulting spouse ignores to make payments after being notified by the spousal or child support agency, the agency can then issue spousal support orders by garnishing bank accounts or wages of the defaulting spouse, seizing his property, suspending his driver’s license and other work licenses. California laws allow these agencies to issue garnishing orders to the spouse and divert state or federal tax refunds.
Last resort remedial measures that can be taken
If after all this the spouse fails to pay the alimony the spousal support agency and the aggrieved spouse can seek to file a wage garnishment, also known as an order for withholding income for support and is available in California. The order is served on the other spouse’s employer, for that employer to garnish the wages for payment of support.
To learn more about the divorce process in California and how mediation can help, please visit our page, What is Divorce Mediation.
During the financial settlement of a divorce, the court considers many factors. One of the factors that the Court considers is the age of both partners and the second is the length of the relationship. Note, however, that the outcome of a divorce case highly depends on the facts of an individual case and the financial circumstances of both you and your partner.
Why the duration of marriage matters
Two facets of property division can be influenced by your marriage’s length. First, the duration your marriage can decide the precise distribution of property. Second, the longer you are married, the more complex will be the property division and vice-versa.
It is believed that couples who have been wedded for a longer time are likely to have more property and more various property holdings or interests. Property may comprise real estate and related investments, closely held businesses or professional practices, employee stock options and grants. It could also include various retirement as well as investment accounts.
California Family Code section 4320
California Family Code section 4320 states that the shorter the marriage, the shorter the duration of alimony (spousal support) in the State of California. It also means that you get a shorter amount of time as a spouse to become self-supporting. Similarly, the longer the marriage, the longer the time you have spent outside the workforce, and so the greater will the duration of alimony be. The court will also provide you more time to get back into the workforce.
You might have heard or read that a marriage of 10 years or more means automatic lifetime alimony. Not really. If you and your spouse are married for less than 10 years, it generally means the alimony will likely be for no more than one-half the duration of the marriage. In some cases, if your marriage lasts 10 years or more, the court may determine that your spouse can become self-supporting and cut down the alimony accordingly. In most cases, the closer your marriage is to the ten-year mark, the more likely you are to receive less support depending on the court’s order. If you are married for a longer period of the time over 10 years, it means that normally the court will have continuing jurisdiction over the issue of spousal support and that other than the remarriage of the spouse receiving the support or the death of either party, there is no automatic termination date.
To learn more about the divorce process in California and how mediation can help, please visit our page, What is Divorce Mediation.
Every state in the country has a different set of laws when it comes to the matters of family law, especially divorce. However, there are certain aspects of a woman’s rights as a wife and a mother in a divorce lawsuit that stay fairly typical across all states. So if you have decided to divorce your husband, you must consult an attorney before filing your petition in the court. An experienced attorney can not only assist you with the proceedings of the litigation but also help you understand and preserve your rights as a woman.
Spousal support
In many cases, where the husband is the primary breadwinner of the family and the couple is no longer cohabiting, the wife has the right to demand temporary financial support even during the period of litigation before the final verdict is announced. The temporary spousal support is referred to as ‘pendente lite’ and stays in effect only until the final decree of divorce is announced by the judge. The pendent lite does not imply that the court will award you permanent alimony provision even after the case is dismissed. However, the temporary support can be extremely useful in making ends meet while the expensive litigation goes on.
Restraining orders
If your husband tries to harm, threaten, harass or abuse you in any way, you can immediately seek the assistance of the law enforcement officials and request a restraining order against your spouse from the court of law. A restraining order specifies guidelines to restrict the communication from your husband and can even go to the extent of asking him to move out of the marital residence and live elsewhere. In addition to this, if your husband tries to move the children out of the state before the final verdict is announced, you have the right to inform the legal authorities and get him to stop.
Household expenses
Regardless of whether your husband chooses to stay with you or moves out of your marital home, it is your right to demand his share in the mortgage or rental payments. The court of law makes it mandatory for both the spouses to make an equal contribution towards the payment installments of their marital home. However, such an order is mostly temporary in nature and is issued on ‘pendente lite’ basis as an alternative for spousal support until the final decree of divorce is ordered.
Although it is natural to feel emotionally vulnerable in a grave situation such as a broken marriage, it is advisable to stay put and deal with the situation in a logical way.
To learn more about the divorce process in California and how mediation can help, please visit our page, What is Divorce Mediation.
Termination of alimony for the spouse paying it means financial freedom. But requests for termination of alimony have to be pleaded in California Family Courts and are only granted after going through evidence and persuasive arguments. Requests by the paying spouse for terminating alimony are very common in divorce cases.
Short term marriages
Termination of alimony in short term marriages is extremely common and the process is quite simple. Generally speaking, the period of paying alimony in a short term marriage is half the length of the marriage. The shorter the marriage, the shorter is the period for which you have to pay alimony. But the exact duration will be determined by the court. The alimony agreement should clearly state the duration and the date of termination of the alimony.
Long term marriages
Termination of alimony in long term marriages can be quite difficult. If the court wishes, it can terminate the payment of alimony if the marriage has lasted for almost 10 years or more. But the spouse receiving the alimony always has the right to contest such a decision. If the court has decided to terminate the alimony after a certain date, the contesting spouse should approach the court before the said date and appeal for a continuation of the alimony.
In marriages that have been for a much longer duration than 10 years, alimony can still be terminated in certain cases. If the court is produced with persuasive arguments and evidences, it can terminate the payment of alimony. You need to prove that your spouse can maintain their lifestyle and standard of living on their own even after you stop paying alimony. It can prove to be quite difficult.
The court will take a close look to determine that the supported spouse can support themselves financially in every possible way. You will need to show that your spouse has gained a significant amount as income through employment of some kind. The court will make a decision based on the nature and extent of employment and not the income of your spouse.
If your spouse has gained a significant amount in inheritance or has obtained a separate estate, alimony will, in most likelihood, be terminated. But again, the court will determine if the estate guarantees that the spouse will have enough financial support without the alimony. Termination of alimony is not that simple and is granted after much consideration.
To learn more about the divorce process in California and how mediation can help, please visit our page, What is Divorce Mediation.
The issue of spousal support can result in bitter contests in a divorce. The spouse having a higher income would not want to pay it and the spouse with a lower income or no income will insist on receiving it. In California Family Code, alimony is known as spousal support.
Temporary spousal support can be paid by one spouse to the other when their divorce case has been filed but a ruling is still pending. The amount to be paid should be sufficient to support the other spouse completely till a divorce is granted and the final amount of alimony is determined. The ability of one spouse to pay the amount of temporary alimony is also taken into consideration.
Purpose of temporary alimony
According to California spousal support laws, temporary spousal support is generally paid to maintain the status quo of the spouse. But this can prove to be quite difficult financially for the spouse paying the support. Temporary alimony is paid twice every month – on the first and 15th of every month.
To make matters a little bit easier, the court takes into consideration the net disposable income of each spouse. They then look at the unnecessary expenditures that each spouse can cut back on. The court will advise the alimony paying spouse to pay only for the essential needs of the requesting spouse and not for everything else.
Calculating temporary alimony
The amount of temporary alimony to be paid is determined the same way as child support. If child support is being paid, the amount of alimony will be less and vice versa. The court uses the software programs X-spouse or Dissomaster or something similar to calculate the amount of temporary alimony to be paid.
The court will consider the income of the past one year of both the spouses before calculating the amount to be paid in temporary alimony. But this is not true for everyone. If any one or both the spouses are self employed, the court will go longer back than that. But the court will, most likely, never consider a period of income shorter than one year.
California alimony procedures and laws need to be considered carefully before filing for a divorce. You should get in touch with an experienced attorney for consultation.
To learn more about the divorce process in California and how mediation can help, please visit our page, What is Divorce Mediation.
The California Family Court uses computer software programs when determining temporary alimony. But when a final decision on the alimony is to be reached, it cannot use these programs any longer. The court then follows California Family Code 4320. It also has to take into consideration a number of factors before making a final decision on the alimony or spousal support to be paid.
The standard of living analysis of a spouse seeking alimony is done by following the sections mentioned in Family Code 4320. Even then, the court has to face quite a few challenges because each case is different from the other.
Standard of living beyond the financial means
If the spouses were used to maintaining a lifestyle that goes well beyond their income, it becomes quite difficult for the court to determine how their standard of living can be maintained. The court could ask the paying spouse to liquidate the assets for paying the alimony. But this could mean putting the payer in debt. So the court would not want to do something like this.
Frugal lifestyle
If the spouses led a very economic lifestyle during their marriage, it becomes quite difficult for the court to determine if they will continue to do so after the divorce. In such a situation, the court will try to determine the amount of alimony in such a way that savings can be made even after the essential expenditures.
Incomplete evidence
The courts, more often than not, have to face significant challenges in determining alimony because neither of the spouses has provided complete and correct evidences of their incomes and expenditures. Skilful practitioners of family law can help spouses to not make such errors and save the court valuable time.
Time period of long term marriages
Determining alimony in long term marriages is quite difficult. The standard of living and the lifestyle lived changes throughout a long term marriage. Incomes and expenditures change over time. There is no way of determining what the standard of living would be after the divorce. But generally, the court takes into consideration the last 5 years of the marriage.
If you are someone going to file for a divorce, you should consider the issue of alimony whether you are going to pay it or seek it. All decisions should be made after consulting a professional attorney with proven experience in California family law.
To learn more about the divorce process in California and how mediation can help, please visit our page, What is Divorce Mediation.
Gerald A. Maggio is a trained Irvine divorce mediator who has amicably resolved cases many cases out of court, as well as an experienced divorce and family law attorney. Mr. Maggio founded California Divorce Mediators in 2012 with the belief that although “not every marriage can be saved, every family can” and a mission to save families from the financial and emotional distress associated with traditional divorce litigation. California Divorce Mediators is located in Irvine, California, and serves the Orange County area and other counties in California offering divorce mediation, child custody mediation and mediation of other family law matters.
Alimony is referred to as “Spousal Support” in California. When a divorce is under process, the court might require that the partner with the higher income has to pay the other partner a certain amount so that they can cope with their current lifestyle.
The duration of alimony
Spousal support is usually paid for a predetermined period of time. It could be spread over a period of time or paid in full during a one time payment. The duration of the support period usually depends on the length of the marriage. If the marriage has lasted over 10 years, then the court most probably will not set a specific termination date for the support to end and both partners can request modification or termination of support at later hearings. These days, judges don’t order permanent support even for long term marriages, although it is sometimes referred to as permanent support by attorneys.
How is spousal support calculated?
In California, the court can request for spousal support for any amount, after taking the needs of the other partner into consideration. The aim of spousal support is to maintain the financial status that was present during the marriage while also making the supported spouse independent. Certain courts have their own formulas for calculating the support amount. If the supported spouse has dependent children then child support will be in addition to the spousal support payments.
Before deciding the amount of the payments, courts usually take various factors into consideration. These include the dependent spouse’s current financial status, his/her ability to get and hold a job, the current job market, support required for the dependent spouse to get a vocational education or improve existing skills in order to get a stable job. Other factors like age, health and legal issues like domestic violence during the course of the marriage are also considered.
For periodical payments, the recipient is taxed for the payment while the sender can list it as tax-deductibles. Spouses can also have predetermined agreements to make sure that the tax scenario is beneficial for both parties.
Termination or Modification
If the spouses have a pre-written agreement not to modify the spousal support terms, then they are required to follow the terms. Otherwise, either partner can request for changes or termination of support. If either of the divorcees die or if the supported spouse gets remarried, then the spousal support will end.
To learn more about the divorce process in California and how mediation can help, please visit our page, What is Divorce Mediation.
The institution of marriage is one based on trust and loyalty. When these emotions are diluted with adultery, you find the marriage ending in divorce. It is a painful experience for the parties involved and can get quite messy if not dealt with properly. You can avoid the name-calling and finger-pointing if you are aware of legal procedures involving divorce because of adultery.
In the U.S., you have a divorce procedure called ‘no-fault divorce’. The proceedings do not require the spouse filing the divorce to testify why the other spouse is at fault for the breakdown of the marriage. Adultery is illegal in many states but it isn’t so in California. Thus, the legal definition of adultery is still up for interpretation. However, there is a general agreement that adultery occurs when one partner engages in a sexual relationship outside marriage.
When you are filing for divorce, you need not mention why the marriage failed or who was responsible. You only have to state that the marriage is broken beyond repair and separation is your best solution. If the reason for divorce is adultery, it is better to consult a family law attorney who can help you settle other matters involved in the divorce.
Alimony or spousal support is an important consideration in a divorce, especially if you are the dependent. An alimony order can be issued while the divorce is still being processed. The spouse receiving it can also request for temporary alimony which will be in place till the matter settles. The final order will nullify the temporary order.
You have to understand the granting of alimony is at the discretion of the judge. The judge will be the one to decide if alimony is necessary or there is enough evidence to support awarding the alimony. The total duration of the marriage is also a factor in determining the amount you receive. The shorter your marriage, lower the alimony. In addition, the judge has to weigh in on the needs of the receiving spouse and the capability of the paying spouse for alimony to be granted. The ruling should be fair so there isn’t a huge difference in each spouse’s standard of living.
Alimony isn’t punishment or compensation. It is meant to provide monetary stability for the dependent spouse even after a divorce.
It is best to resolve your marital differences amicably, especially if there are children or other dependents involved. This will ensure your relationship does not affect them negatively and you are able to move on without any bitterness towards one another.
To learn more about the divorce process in California and how mediation can help, please visit our page, What is Divorce Mediation.
California has a no-fault divorce law 
Gerald A. Maggio is a trained Orange County divorce mediator who has amicably resolved cases many cases out of court, as well as an experienced divorce and family law attorney. Mr. Maggio founded California Divorce Mediators in 2012 with the belief that although “not every marriage can be saved, every family can” and a mission to save families from the financial and emotional distress associated with traditional divorce litigation. California Divorce Mediators is located in Irvine, California, and serves the Orange County area and other counties in California offering divorce mediation, child custody mediation and mediation of other family law matters. 
