Alimony / Spousal Support
Spousal support may be paid to one party while the couple is separated but before an order is adjudicated by the court, or otherwise a pendente lite order may be granted after the divorce is filed. After the divorce is finalized and the assets have been divided, the court may decide to grant alimony for support and maintenance.
The financial circumstances of each party are the most important factors in determining alimony.
The court considers many economic and non-economic factors, including:
- Length of the marriage
- The physical, emotional, and mental condition of each party
- Income and earning capabilities of each party
- Whether one party supported the education or training of the other
- Whether the party seeking alimony is capable of self-support
- Contributions of one party as a homemaker
Modification of spousal support and alimony in California
- Modification of alimony awards is possible if one party’s financial situation changes after the dissolution of marriage. If the party receiving alimony remarries or lives with a financially supportive member of the opposite sex, alimony will be terminated unless the parties have reached an agreement to the contrary.