Divorce is the only viable option for many fighting married couples in the United States. Once they realize they can no longer live with each other nor continue with the marriage, they can get a divorce.
Remember, a divorce is not easy on the finances. Couples spend years with each other and come to rely on mutual contribution for making life easy. Some excel in earning, while others become the homemaker. Upon divorce, the less financially savvy partner may find it challenging to make ends meet. Therefore, couples filing for a divorce in California must know about various forms of spousal support available to them.
Sometimes, spousal support is also called Alimony. This is the monetary amount that one spouse pays to the other after divorce. This payment allows the less-affluent spouse to live the same standard of life he or she was used to in marriage. Similar to child custody, spousal support is one of the central disputes in a divorce. Whether you hope to get spousal support or help mitigate their impact on your finances by paying it after your divorce, talk to an experienced Riverside Family Law Lawyer.
Types of California Spousal Support
In the state of California, the following four are primary types of spousal support available.
- Temporary Spousal Support
It is the type of maintenance temporarily paid by one spouse to the other one after separation. Its purpose is to allow the low-earning spouse to afford certain living expenses during divorce proceedings. Temporary spousal support is calculated by using California child support guidelines. The judge can order temporary support to cease after the divorce is finalized or let it continue, depending on certain factors.
- Permanent Spousal Support
The more affluent party pays it to the less-affluent one until a court issues an order, a party dies or gets remarried. Permanent spousal support is usually granted when long-term marriages end (10 or more years long). It is meant to support the spouse that can no longer enter the workforce due to advanced age or illness.
- Lump-Sum Spousal Support
This is a single, lump-sum amount paid by one party to another instead of regular monthly payments. This is a one-off payment. Both spouses have to agree to this form of spousal support and amount.
- Rehabilitative Spousal Support
This is the most common type of spousal support. It is paid when one partner is the primary earner, and the other mainly manages the home. This support is meant to help the less-earning partner gain sufficient education or qualification for a job.
Property Distribution: An Alternate Form of Spousal Support
A spouse can decide to transfer the property ownership to the other party instead of paying spousal support.
Determining Eligibility for Spousal Support: Do You Qualify?
The following factors help determine if you are eligible for alimony;
- Duration of the marriage
- Current employment status
- Total independent earnings
- Qualification
- Professional history before marriage
- Lifestyle
- Current health
Pre-Nuptial Agreement
It is a written agreement signed by both parties before marriage. It lists all assets and properties (including debts) owned by both spouses and outlines their rights after marriage. A prenup is also one of the most significant deciding factors in spousal support.
