What You Need to Know About the Difference Between Alimony and Spousal Support in California
The State of California has two terms for receiving money from a former partner after a divorce: alimony and spousal support. Here is everything you need to know about the difference between alimony and spousal support in California.
There is no real difference between alimony and spousal support. Alimony is an older, outdated term that usually refers to divorces with a fault, like abuse or adultery. Spousal support is a newer, gender-neutral term that is usually referred to in a no-fault divorce.
Is There a Difference Between Alimony and Spousal Support?
In short, no. In California, alimony and spousal support are essentially the same things, with just a few small tweaks in the definitions.
What Is Alimony?
In California, alimony is defined as a spouse’s provision for their partner after separation or divorce. It is essentially an outdated term for a “maintenance payment”, and is more associated with men paying women.
What Is Spousal Support?
Spousal support is a gender-neutral term that is defined as a court-ordered payment in support of an ex-spouse.
Related: Spousal Support FAQs in California
Why Is There a Difference in Wording Between Alimony and Spousal Support?
California was the first to start using “spousal support” as a term in non-confrontational language. It has since spread to other parts of the country. Spousal support has more positive connotations and is more common in no-fault divorces and marriage dissolutions. Alimony is still the more popular used term, but the use of the term spousal support grows daily.
The introduction of the no-fault divorce in 1970 changed conversations surrounding divorce dramatically, giving room for spousal support to become a term in the first place. Couples no longer had to prove adultery or abuse in order to end their marriages. No-fault divorces and marriage dissolutions are cases where the term spousal support is more commonly used.
The Alimony System
It is widely believed that most alimony payments are from the male partner to the female partner in heterosexual relationships, and this belief is right. Only about 3% of California alimony recipients are men, despite 40% of today’s heterosexual households having the female spouse make more than the male.
Who Can Seek Spousal Support in California
An individual can seek spousal support during a divorce, legal separation, annulments, and domestic violence cases. It is available for current spouses, former spouses, same-sex spouses, and domestic partners.
New Alimony and Spousal Support Processes
Many states, including California, are currently trying to restrict alimony and spousal support to cases where one spouse has a severely lower income. Alimony and spousal support may set them up for more long-term financial stability (ex. going back to school and getting a degree). This is because states recognize that it can be hard to form two households out of one, and that both partners will be struggling financially.
Related: How to Get Spousal Support in California
FAQs
What if my ex-spouse was abusive? Can he or she still receive alimony?
Due to attitudes in divorce in recent years, most states have no-fault divorce as the only option when divorcing. In a no-fault divorce state, like California, domestic violence cannot be used as grounds for divorce. However, it can still be used as evidence.
Abuse mainly affects alimony when the abuse was financial. This means that one spouse used their money to prevent the other from leaving. When financial abuse is proven, then alimony can be arranged by the judge.
Related: How Domestic Violence Affects Alimony: CA Family Code 4320
What is reimbursement spousal support?
Reimbursement spousal support is intended to be a payment from one former spouse to another to help reimburse costs of training or education. This is to help the lower-earning spouse further their skills and help them become financially independent.
Contact Us
If you or a loved one have any more questions about spousal support and/or alimony in California, contact us for your free consultation. We can get you in touch with the right Spousal Support Attorney for your unique legal situation.