Alimony is money paid to one party by the other after a marriage ends. Unlike child support payments, which serve specific purposes, alimony payments can serve many purposes for the supported party. It is designed to help both parties maintain a similar standard of living experienced during the marriage. Alimony payments are tax deductible for the paying party and are considered taxable income for the supported party.
Alimony Decision
Alimony is not mandatory in California. The court uses its discretion to decide if a party should receive alimony payments. Although the guidelines vary in the state's counties, the amount awarded in alimony is based on the duration and standard of living during the marriage.
Alimony Factors
Kinsey Law Offices states that several factors go into the court's determination of alimony, such as each party's ability to maintain a standard of living similar to the marriage. Needs and abilities to pay are also weighed, along with the age, health and hardships of each party. Assets and debts that were kept separate from the marriage may affect the amount of alimony that can be received. The length of a marriage is a factor, especially if one of the parties was not working during the marriage. The employability of each party is weighed in addition to the impact that each parent's employment would have on children, if there are any. Finally, the court will look at the spouse asking for support and consider how much she contributed to the other spouse's education, training or career.
Alimony Modification Or Termination
The duration of alimony is typically related to the length of the marriage. According to California Alimony Laws, alimony generally lasts for half of the length of the marriage. Alimony ends at a predetermined date unless the court finds that it needs to be extended. If there is no longer a need for alimony or circumstances prevent the supporting party from paying alimony, court proceedings take place to determine if there can be a change or termination of alimony. If the supported party was given a designated time to become self-supporting and fails to do so, the court can terminate alimony. A written agreement from both parties can end alimony, and unless otherwise decided, it ends when the supported party remarries or either party dies.
