Many people just assume that an alimony award and divorce go hand in hand. However, alimony laws vary from state to state, and spousal support is not mandatory in all states. In California, there are many different factors the courts will take into consideration before awarding alimony judgment. The following paragraphs will take a brief look at some of the different factors the court will commonly take into consideration when deciding on an alimony award in the state of California.
Is an Alimony Award Mandatory in California Divorce Court?
In the state of California, there are no laws that bind a judge in awarding spousal support in all divorce proceedings. The court has the ability and right to award either party a monthly monetary amount, taking into consideration many determining factors. The court may also decide to deny any alimony award at all, using the same guidelines. Some of the main factors a judge may consider when deciding alimony can include:
- The current ability of each party to provide for their own living expenses
- The standard of living maintained throughout the duration of the marriage
- The supporting party’s ability to pay alimony or spousal support
Other factors may also be taken into consideration, such as who will retain custody of any minor children and current employment of each party.
What Guidelines Must be Followed When Awarding or Denying Alimony?
In addition to the factors listed above, courts can and will also follow other guidelines, and consider other factors, when determining an award for alimony. Some of these guidelines are as follows:
- One parties contributions to the other’s education
- One parties contributions to the other’s profitable business or employability
- The employability of each party
In addition, the age and general health of both parties may be taken into consideration, as well as accumulated marital debt. Any guilty convictions of spousal abuse or domestic violence may also be determining factors in awarding alimony or not.
Judges have a lot of legal leeway when it comes to alimony in divorce cases. They are bound to consider certain factors, most of them discussed above. Many parties involved in divorce proceedings have the false assumption that alimony is mandatory in California divorce courts. As state, an award is not mandatory and is left up to the discretion of the courts.
If you are considering a divorce, or are involved in a divorce, seeking the advice of an attorney is essential, especially if you are seeking alimony. An attorney specializing in the field will do his best to get you the judgment you seek.
