If you’re going through a divorce, there are many important considerations you must make. It’s also important to understand that your divorce can impact your finances for years after the fact, making it critical to take this process seriously. One such matter that is often a source of tension for couples is alimony, especially when one party wants to seek permanent spousal support. The following blog explores what you should know about these matters and whether or not you can obtain this order in California. You’ll also discover how Los Angeles spousal support attorneys can assist you.
What Is Permanent Spousal Support and Can I Seek This?
Permanent alimony generally refers to a court order that leaves one spouse responsible for paying alimony to the other party for the rest of their life or if the recipient spouse remarries or either party passes away.
Generally, California does offer what they refer to as permanent alimony. If your marriage is longer than 10 years, you may qualify. However, being married for 10 years will not automatically award the lesser-earning spouse with permanent spousal support. The courts will consider many factors before issuing a decision on these matters.
However, what California considers permanent alimony is more like what other states refer to as “open durational alimony.” This is because their permanent alimony can be terminated under some circumstances, like if the recipient’s spouse can become able to support themselves.
What Should I Do if I Need Help With Alimony?
If you are going through a divorce and want to seek alimony, understanding this process is critical. Unfortunately, many assume that if they are the lower-earning spouse in the marriage, they will automatically be awarded alimony during their divorce. However, this is far from the truth, as you’ll need to request this in the petition or when you respond to the divorce papers filed by your spouse.
Similarly, requesting alimony won’t automatically award you with spousal support. Instead, the courts will consider several factors before determining whether or not you should receive alimony, how much the payments are, and how long payments will last. These factors include, but are not limited to:
- The age and health of each party
- Whether or not one party gave up their career to support the other
- The standard of living established during the marriage
- The earning capacity of each party
For traditional alimony awarded in instances where a marriage lasted less than 10 years the payments will traditionally only last for no more than half the length of the marriage.
Since there are many factors that can influence the outcome of your alimony case, our dedicated legal team will do everything possible to guide you through these matters. At the Zitser Family Law Group, we understand how these matters can impact you. Connect with us today to discuss the circumstances of your case with a member of our legal team.