What is Alimony?
Alimony or spousal support is intended to provide financial assistance for a spouse in need during divorce proceedings and for a time after the final divorce decree. Both parties may agree to and submit in writing that one spouse will pay the other spouse a determined amount of support for a set period of time. If the judge decides that the arrangement is fair to both parties, then the alimony order will be set. Otherwise, if a couple cannot agree and one party requests alimony as part of the divorce, then the judge will decide whether to grant alimony and the amount and term length.
What Types of Alimony are Recognized?
The State of California recognizes two types of alimony:
- Temporary support during divorce proceedings
- Long-term spousal support after the divorce has been finalized
A judge may order alimony to be paid to a spouse while the legal proceedings for the divorce are underway. Temporary alimony usually continues until the divorce is final, but the judge may grant a request to change or modify the support if the need arises.
Long-Term Support
Long-term spousal support is often referred to as rehabilitative alimony because it is meant to give recipients the time and means to obtain education, training, or work experience needed to support themselves.
With the award of long-term support, a judge will typically issue a warning to the recipient that they should strive for self-sufficiency. To encourage that goal, a judge may include the following provisions in the order for alimony:
- Vocational evaluations: The recipient must undergo an assessment with a vocational training counselor to assess their ability to get a job that provides the same standard of living afforded during the marriage.
- Conditions that will end support: A judge may order certain conditions on the support, such as stating that alimony will end when the recipient no longer pursues further education or is enrolled in a vocational training program.
- Alimony step-downs: The amount of support may decrease at scheduled times based on the expectation that the receiving party will earn more by that point.
- Reservation of jurisdiction: While long-term alimony usually has a set date when support will end, a judge may reserve “jurisdiction,” which means legal authority, to issue further orders regarding alimony in the future.
What Factors Are Used to Determine Long-Term Spousal Support?
When considering long-term spousal support, California judges do not use a calculator. Instead, a judge must decide award amounts and length after considering all of the following information:
- The needs of each party, based on the standard of living enjoyed during the marriage
- Each party’s ability to earn enough to regain or maintain that standard of living, including marketable skills, job markets for those skills, time and training need to develop those skills, and earning capacity reduction due to caring for home and family during the marriage
- The ability of the supporting party to pay alimony
- The goal of the recipient becoming self supporting within a reasonable timeframe
- The ability of the supported party to become gainfully employed without affecting the interests of the children
- The age and health of each party
- The debts and assets of each party, including separate property
- The length of the marriage
- The support offered by the recipient to the educational or professional efforts of the other party during the marriage
- The presence of domestic violence against either party or the children
- The tax consequences of spousal support
- The balance of hardships for each party
- Other factors the judge believes to be relevant
How Should Alimony Negotiations be Approached?
Several useful steps are involved when discussing alimony. One such step is to establish clear objectives. Both parties should clearly define their financial needs, goals, and objectives. Objectives should include the monthly amount needed to maintain a reasonable standard of living after the divorce and how long the support may be necessary. Establishing these parameters will help focus the conversation and provide a framework for discussion.
Assess Financial Situations
A thorough assessment of each party’s financial situation is imperative. This assessment should include current income levels, potential future earnings, current living expenses, and other financial obligations, such as debts or investments. A detailed understanding of these financial landscapes will help each party to recognize the needs and fairness of support.
Consider Different Types of Alimony
Alimony payments can be structured in several ways, depending on the circumstances and the needs of both parties. Encourage conversation about different types of alimony, such as temporary, permanent, rehabilitative, or lump-sum payments. Every kind of support offers different purposes and serves different situations.
Use Mediation
Mediation can be a powerful tool and involves a neutral, court-appointed third party who will help facilitate the discussion and guide both parties in a mutually agreeable direction. These mediators will help clarify legal points, suggest creative solutions, and keep negotiations focused respectfully and productively.
Practice Transparency
Honesty and openness are crucial in alimony negotiations. Both parties should include complete and detailed disclosures of financial situations, building trust, and facilitating fair negotiations.
Be Prepared for Compromise
Negotiations should be entered with the understanding that compromise will most certainly be necessary. Both parties should adjust expectations and be willing to make reasonable concessions. The goal of negotiations is to achieve a balance where the needs of both parties are addressed and both parties feel they have been treated fairly.
Do You Need an Attorney?
If you are facing divorce and have questions regarding alimony or negotiating alimony, call The Law Office of Patrick O’Kennedy at 714-701-6356 or fill out a contact form to schedule your case evaluation.
