What Is Alimony in California?
Alimony, or spousal support, is a court-ordered payment from one spouse to the other after separation or divorce. Its purpose is to help the lower-earning spouse maintain a standard of living reasonably comparable to the marital lifestyle. California recognizes two main types of spousal support: temporary (paid during divorce proceedings) and long-term/post-judgment (paid after the divorce is finalized).
Temporary vs. Long-Term Spousal Support
Temporary support is typically calculated using formulaic guidelines, while long-term support is based on statutory factors defined in Family Code § 4320.
How Is Alimony Calculated in California?
Long-term alimony is determined by the court based on various factors, including length of marriage, standard of living, earning capacity, age and health of the parties, and domestic violence history.
Length of Marriage & Its Impact on Alimony
California distinguishes between short-term (under 10 years) and long-term marriages. Alimony duration generally reflects this distinction.
Can Alimony Be Modified or Terminated?
Spousal support may be modified if there is a material change in circumstances, such as job loss, retirement, or remarriage.
Alimony and Domestic Violence in California
Family Code § 4325 imposes a presumption against alimony for spouses convicted of domestic violence.
Are Alimony Payments Taxable in California?
While federal tax law no longer considers alimony taxable income or deductible, California does not conform to this rule. In California, payers may deduct alimony, and recipients must report it as income.
Resources
– https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?sectionNum=4320.&lawCode=FAM
– https://www.courts.ca.gov/1038.htm
– https://selfhelp.courts.ca.gov/spousal-support
– https://www.irs.gov/taxtopics/tc452
