Alimony can be stressful to think about during a divorce, more so for some than others.
When Alimony is involved, a spouse’s financial status can overwhelm them if they’re on the lower end of it. But people should stress no more, this article will explain everything and how it affects divorce in California.
What Is Alimony?
Alimony is spousal support during a divorce. One party, one of the spouses, will give the other money to support them during the divorce and after the court is settled. Not all marriages will justify spousal support from one party. The spouses will decide on the amount, and the court will accept it. The length of the marriage determines if alimony is justified through the courts.
What Are Different Length Marriages?
There are two lengths of marriages according to the state of California law. A short marriage and a long marriage.
A short marriage is defined as typically a marriage that lasted shorter than ten (10) years in length. A long marriage is typically at or more prolonged than ten (10) years. The court can determine if the separation date will be included in deciding if a marriage is at the ten (10) year mark. A marriage that lasts for eleven (11) or even fourteen (14) years, can be considered a short marriage in individual cases. Spouses can get spousal support in a short marriage, but it usually won’t be justified in most cases.
How Long Is Alimony Awarded?
Everything depends on the situation and circumstances. If alimony was awarded in a short marriage, the duration, length of time, is only half of the years the couple had been married. For example, If the couple were married for eight (8) years, it would be awarded for four (4) years. Alimony awarded in a long marriage has no specific end date. Remarriage of the spouse giving the alimony, or anything the court determines to be changing circumstances is stated in the Family Code 4336. “(c) Nothing in this section limits the court’s discretion to terminate spousal support in later proceedings, on a showing of changed circumstances.”
What Happens if the Parties Determine a Long Marriage Differently?
This issue usually happens when couples are divorcing. Family Code 70 defines the date of separation and divorce. If the couple can’t determine the length of the marriage, then the court has the power to tell them to define it at a different court date. This court decision is called a bifurcated court date.
What if the Spouses Want to Terminate the Alimony?
Should the spouses want to terminate the alimony, they can have the court agree, or stipulate, to that for a long marriage. For a short marriage, there usually isn’t any alimony, but it can be terminated if the spouses determine there is any alimony. The spouses’ attorneys will talk with them and advise if it’s advisable to terminate alimony.
Can Alimony Be Modified?
Yes. The spouses have the power to modify alimony at any time. They can modify any aspect of the alimony. They can have it unmodifiable during the start. Therefore it won’t be modifiable at a future date.