California law permits the award of alimony in certain divorce cases, at the discretion of the presiding judge. Despite a variety of factors and guidelines set forth in the law, no hard and fast rules exist in regard to a situation in which alimony is requires in a particular divorce.
Qualifying for Alimony
To exercise a right to alimony, a party in a divorce case needs to convince a judge that spousal support is appropriate. A California judge possesses significant discretion in awarding alimony. The general principle in California is that the amount of alimony awarded is based on the needs of spouse and the ability of the other to pay, according to Rickard L. Borg, attorney at law, writing for DivorceSource.com.
Factors utilized by the court in considering the propriety of alimony include an estimation of the financial position of both spouses before and after the end of the marriage. Other considerations include each spouses' earning ability, the extent one spouse contributed to the education of another and the age as well as health of the parties.
Duration of Alimony
As is the case with qualifying for alimony in the first instance, a California judge is vested with discretion regarding how long a former spouse receives spousal support payments, according to "Divorce Handbook for California" by James W. Stewart. The right to alimony for a specified period of time ultimately rests upon the decision of the court.
The general practice in regard to a short marriage is to award alimony for a time period equal to 50 percent of the length of the union. A short married under California law is one that lasted 10 years or less.
Alimony in California ends if the receiving party remarries or if either of former spouses dies. Additionally, California courts tend to entertain motions to reduce or eliminate alimony when the party with the obligation retires.
Types of Alimony
A party's rights to obtain alimony payments can be satisfied in a number of different ways, according to California law. The most common method involves the party with the obligation making recurring payments on a scheduled basis to the former spouse awarded alimony. Another option is for the party awarded alimony to receive one lump sum payment. Similarly, a transfer of property can be made to the party receiving alimony in lieu of cash.
The California Franchise Tax Board sets forth the tax consequences of different types of payments made between former spouses, including alimony.
References
- California Franchise Tax Board: Alimony--Frequently Asked Questions
- "Divorce Handbook for California"; James W. Stewart; 2002
- Divorce Source: "Evaluating Spousal Support in California"; Rickard L. Borg
