Los Angeles Alimony Attorneys
Alimony is court-ordered payment from one former spouse to the other after divorce. It is intended to provide financial support for the spouse who was financially-supported during the marriage, and still, that’s most commonly the wife. Alimony is also sometimes called spousal support. Alimony is different from child support. Where child support is a simple mathematical calculation, alimony is very much in the decision of the judge.
State laws about alimony vary widely, but in general, alimony is paid in one of three different ways:
- as a lump sum
- in regular payments without a fixed end date (“permanent alimony”)
- according to some interim arrangement (“temporary” or rehabilitative” alimony)
In California when the judge makes his or her final spousal or partner support order, the judge must consider the factors in the California Family Code section 4320. These factors include:
- The length of the marriage or domestic partnership;
- What each person needs based on the standard of living they had during the marriage or domestic partnership;
- What each person pays or can pay (including earnings and earning capacity) to keep the standard of living they had during the marriage or domestic partnership;
- Whether having a job would make it too hard to take care of the children;
- The age and health of both people;
- Debts and property;
- Whether 1 spouse or domestic partner helped the other get an education, training, career, or professional license;
- Whether there was domestic violence in the marriage or domestic partnership;
- Whether 1 spouse’s, or domestic partner’s, career was affected by unemployment or by taking care of the children or home; and
- The tax impact of spousal support (federal and state tax laws have not been changed to recognize domestic partnerships).
There are several types of alimony. They are:
- Rehabilitative Alimony – financial support that is provided for a short period of time; to allow the receiving spouse time to get adjusted, establish him or herself, financially. This type of alimony will allow the divorced spouse time to “rehabilitate” him or herself and become completely self-supporting.
- Permanent Alimony – Paid until either the death of the payor or the remarriage of the recipient. Generally, agreements or court orders which award permanent alimony include standard termination clauses that state alimony ends if the:
○ Parties resume marital relations
○ Recipient remarries
○ Recipient cohabits with another adult
○ Either party dies
○ Stated expiration date is reached, if one was included in the agreement.
- Temporary Alimony – is alimony often awarded during the period the divorce proceeding is pending. This type of award becomes necessary due to the length of time it could take before the final decree is issued and a permanent alimony is made.
- Lump Sum – One lump payment payment of alimony instead of periodic payments. If receiving a lump sum payment it is important to consult with a tax attorney and CPA to regarding the consequences of lump sum alimony.
There are two factors when dealing with alimony. One side must have a genuine need for support, and the other side has to be able to afford it. Proving need and affordability is a large part of what Los Angeles Alimony attorney will do. The spousal support lawyers provide solid representation for parties seeking to secure alimony or who are faced with unmanageable spousal support obligations.
At Boyd Law, you will find an individualized approach to your family law needs. If your divorce is uncontested, we can help it sail through as quickly as the courts allow. If you come to us with a dispute, such as a contested divorce or alimony or spousal support, we will be fierce advocates for your rights. We strive at all times to be sensitive to your needs and to help you accomplish your goals. Contact our office today at 310-777-0231 for a free consultation.