What You Need to Know About Spousal Support in California
California’s spousal support laws are complicated, and divorcing spouses often have many questions regarding alimony and its legal procedure. Below we’ll answer some spousal support FAQs.
Is spousal support taxable in California?
No, spouses receiving spousal support are not taxed on the alimony payments they receive.
Can I get spousal support if my husband is on disability?
Yes, if you are over 62 years old and your husband owes you alimony, you may be eligible for survivor’s benefits from the government.
How is spousal support calculated in California?
When calculating spousal support, California judges will consider the following factors:
- The length of the marriage
- The spouses’ standard of living during the marriage
- Each spouse’s income
- If children are present
- Age and health of both spouses
- Each spouse’s assets and debts
- Marriage history
Is spousal support tax-deductible in California?
In California, spouses paying alimony cannot deduct spousal support payments from their taxable income.
How many years do you have to be married to get spousal support in California?
Spousal support orders typically last for half the marriage’s length, but alimony is not granted in all divorce settlements. A judge will look at your case objectively; if a marriage did not last more than a few years, spousal support may not be necessary.
Is spousal support the same as alimony?
Yes, spousal support and alimony are the exact same thing. These are synonymous words used to refer to legally obligatory payments from one spouse to the other after divorce.
How long does spousal support last in California?
In California, alimony payments typically last for half of the marriage’s duration. For example, if your marriage lasted 10 years, spousal support may likely be granted for five years.
How often is spousal support awarded in California?
Only 10-15% of divorces cases in California end in a spousal support order. However, under California law, the legal presumption is that spousal support should be granted for half the marriage’s duration.
How much is spousal support in California?
In California, spousal support is typically 40% of the paying spouse’s income, minus one-half of the receiving spouse’s income.
How does spousal support work in California?
Under the California divorce procedure, a judge can order one spouse to pay routine monetary compensation to financially dependent spouses. Spousal support payments generally last for half the marriage’s duration and typically comprise 40% of the paying spouse’s income.
What is the difference between spousal support and alimony?
Spousal support and alimony are the exact same thing. They are synonymous words used to describe one spouse’s legal obligation to financially support the other spouse after divorce.
How is spousal support determined in California?
When calculating spousal support, California judges will consider the following factors:
- The length of the marriage
- The spouses’ standard of living during the marriage
- Each spouse’s income
- If children are present
- Age and health of both spouses
- Each spouse’s assets and debts
- Marriage history
When does spousal support end in California?
Spousal support ends if the receiving spouse remarries, the paying spouse dies, the legal decree has expired, or one petitions to end alimony payments.
How does spousal support end in California?
Alimony payments cease when the paying spouse dies, the financially-dependent spouse remarries, the legal order expires, or a spouse petitions to end the payments.
Do I need to be legally separated to get spousal support in California?
For spousal support to be legally ordered, the couple must be processing a divorce, legal separation, or annulment.
Related: How to Enforce Spousal Support in California
How is spousal support calculated after retirement in California?
Spouses are not obligated to continue working after the age of retirement just to keep paying spousal support. Once a paying spouse retires, they can petition to modify spousal support based on their retirement income.
Can spousal support be reversed in California?
Yes, spousal support can be ceased or reversed by a new court order. Under California law, a spouse can petition to end or modify alimony payments; if signed by a judge, the petition could cease or change a spouse’s obligation to pay alimony.
What happens to spousal support when the payer loses their job?
If a spouse loses their job or source of income, they can petition for a spousal support modification.
Do I need to pay spousal support after bankruptcy?
Spousal support cannot be discharged through bankruptcy. However, a spouse can petition that their income has significantly changed and that the spousal support plan should be modified accordingly.
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