Divorce

California Divorce...Alimony.

Alimony is for the care of a spouse after a divorce.  Each state has different factors to why and when alimony is to be paid, and for how long.  In California alimony is referred to as spousal support.  Here is a list of the factors looked at when the courts are deciding if a spouse should pay alimony after a divorce is finalized. 
  1. The standard of living during the marriage is looked at in deciding alimony after a divorce, is there a lifestyle the spouse has been use to living and then goes from one extreme to the other, after the divorce.
  2. How long the marriage was, that is a huge factor in deciding alimony after a divorce.  If the marriage was a very short duration compared to over 5 years.
  3. The needs of each spouse are looked at in the divorce.  Example: needs can be medical, and health needs.  These are looked at to see who has the most needs after a divorce, if alimony will be paid.
  4. The financial liabilities of each spouse after the divorce.  Who has the most expenses?
  5. If a spouse was use to staying home with the children *being a stay at home mom* from that to being a full time working mother, will this have an impact on the children after the divorce?
  6. Who gave the most into the marriage, their contribution to the marriage, and the education of each spouse, can the move on into a good career field, or will they have to have schooling to support themselves at all?  This is looked at in the divorce and also follows into #3 needs of each party at the time of the divorce.
  7. If there is going to be any major tax consequences with the divorce.  This also plays a huge part in if alimony is to be paid after a divorce.
  8. How any sources of income are available to each spouse after the divorce, if alimony will be paid?
 The divorce courts can set up a temporary alimony while the divorce is in process, to help one spouse that may not be use to working get back upon their feet.  When the divorce is then finalized there will be written document that one spouse is suppose to pay the other spouse alimony.  Depending on certain factors listed above, will determine how long alimony should be paid after a divorce.

 

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