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Divorce is often a financially tumultuous time for both parties in a marriage, and this is especially the case for a spouse who is financially dependent on the other spouse, or, at the very least, earns less income than the other spouse. While the thought of getting alimony (or spousal support as it is referred to in California) may have never occurred to you, and may even seem like an odd concept, California courts often award spousal support to one spouse, even if that spouse has the income and/or funds to meet his or her basic needs (also note that both men and women can seek spousal support in opposite-sex and same-sex marriages alike).
 
Make no mistake, however, that it will be necessary for a California family court judge to order that spousal support be paid in order for any agreement to be enforceable, even if the spouses have reached a voluntary agreement on spousal support. While one spouse is certainly free to pay the other spouse money outside of a court order, any such agreement will not be enforced outside of a court order. Furthermore, any payments made voluntarily by one spouse may not be considered by a judge who later orders spousal support to be paid (meaning there could be double payments of spousal support).

Litigating Spousal Support Before a Judge

If the parties do not agree on an amount and duration of spousal support (or if such terms were not included in a prenuptial or postnuptial agreement), then a judge will have to decide how much spousal support should be paid, if any, and for how long. As part of this process, both spouses will have to submit Income and Expense Declarations to the court, showing income from all sources, as well as all property and monthly expenses.
 
California judges have significant discretion in determining spousal support, and will look at arguments set forth by each spouse relating to the following factors, among others:

  • The income of each spouse
  • The expenses of each spouse
  • The property holdings of each spouse
  • The duration of the marriage
  • The earning capacity of each spouse
  • Each spouse’s contributions to the marriage
  • The standard of living during the marriage
  • Any history of domestic violence

Creating a Settlement Agreement With Your Spouse

Many divorcing couples choose to simply reach an agreement with one another regarding the amount and duration of spousal support, in order to avoid the longer, more drawn-out process of arguing the above factors in front of a judge.
 
That said, those factors should still affect how each spouse thinks about their rights and obligations under the law, and, through negotiation and mediation, they should reach a settlement agreement which lays out the terms of spousal support. This agreement will then be submitted to a judge who will approve it, assuming it is fair in light of the law.  

Getting Temporary Spousal Support During the Divorce

Note that a divorcing spouse does not necessarily have to wait for a divorce to be finalized in order to obtain spousal support, and can request that the court grant temporary spousal support to be paid over the course of the divorce proceedings, with the understanding that a final divorce order will be handed down later. As with final spousal support, the divorcing spouses can voluntarily enter into a temporary spousal support agreement which can be approved by the judge.
For any questions on family law in California, contact the Law Office of Kelley C. Finan today to schedule a consultation to discuss your circumstances.