California Spousal Support or Alimony Law

Posted by Raoul Severo | Jun 15, 2020 | 0 Comments

In the state of California monthly spousal support, also known as alimony is a type of settlement agreement mandated by the court. Takes place when one spouse pays it to the counterpart after a divorce. The main goal of this kind of settlement is to ease any unjust economic load after the divorce takes place that may fall upon the spouse who has the lowest wage income between the two of them. 

Main components or elements for Spousal Support or alimony in California

In Los angeles and the entire state of California, period of time and the amount that must be paid are the 2 main components to consider when an alimony agreement has been issue, however there are secondary components that have to be considered when determining an monthly spousal support or alimony order:

  • The living conditions during marriage (i.e. if the spouse entitled of the alimony was used to a certain standard of living during marriage, the court may order to increase the alimony in order to match such previous living standards)
  • Age, physical condition, and financial state of the spouses;
  • The length of the marriage
  • The spouses' earning skills;
  • The ability of the payer spouse to support himself/herself

Spousal Support or spousal alimony requirements

California Family Code Sections 4330-4339 is the  statute in the California Support or Alimony Law that establish the many types of alimony or spousal support in California, including Temporary or permanent Alimony, Rehabilitative Alimony, Lump-sum Alimony or Reimbursement Alimony. 

 Regardless of the type of alimony, several enforcement measures can be ordered by the court to guarantee that the settlement is paid. Such measures usually take place when the payee spouse takes the payer spouse to court in a contempt proceeding in response to a lack of compliance with the agreement. Obviously, this requires an additional procedure and fee of the payee spouse. 

Additionally, if the recipient spouse gets remarried or dies all the alimony payments will conclude. Otherwise, depending on the type of alimony and the ordered or agreed upon term of payment, the payer spouse is obligated to remain doing monthly payments.

Determining Alimony/Spousal Support in California

  • While there are guidelines for parties of the case to calculate temporary spousal support in California State, you and your spouse are free to agree on any amount and time period for more long-term alimony amounts as well
  • Since the Tax Cuts and Jobs Act (TCJA) passed in 2017 has eliminated the deduction of spousal support payments for payors and recipients are no longer required to report payments as taxable income at the Federal level, long-standing tactics used to foster agreement are no longer useful;
  • While on the situation it might appear as if this tax change benefits the recipient and hurts the payors, it actually negatively impacts both parties of the marriage
  • Further adding to the complexity is the decision by the State of California to allow the deduction of spousal support payments for payors and to require recipients to report payments
  • As taxable income on their California state tax returns;
  • This topic has less to do with guidelines and more to do with money and negotiation;
  •  There is more than meets the eye on this issue - especially if child support is involved and/or you have a long-term marriage and this topic is much too complex and critical for you to try to resolve on your own.

Spousal Support or spousal alimony defense lawyer

Either if you are the payer or the payee in a spousal support or alimony agreement it is essential for the sake of your interests that you reach the guidance of an experienced defense lawyer in California.  With more than 40 years of experience, the Law Office of Raoul Severo is at your disposal for a free of charge assessment of your case.

Last but not least, by reading this article you are entitled to use one of our California lawyer discount codes that will grant you a discount and a free assessment of your case. Just send us a message including the code: CriminalOffense_5-20

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