negotiating spousal support

Filing for Alimony in California

What You Need To Know About Filing For Alimony In California

Long term spousal & child support
Alimony is meant to correct any unfair financial or economic impact of a divorce. The term alimony, or spousal support, refers to a legal obligation of one spouse to support their ex-partner financially after the conclusion of their divorce.

Alimony, although viewed as unfair at times, is basically meant to ensure that both partners in a marriage walk away on stable financial grounding. Any spouse can apply for spousal support/alimony in the state of California.

It is, however, important to note that the awarding of spousal support/alimony is dependent on whether the requesting party is in need of said support, and the other party is able to provide it.

To learn more about filing for alimony in the state of California, read on below.

Forms of Spousal Support In California

Generally, you can file for temporary, rehabilitative, permanent or reimbursement spousal support in California.

  • Temporary Spousal Support: This form of spousal support is usually meant to help the spouse in need to meet their living expenses during the divorce process. Once the divorce is finalized, the support comes to an as well. Instead of using the guidelines used in calculating permanent spousal support, the court uses the California child support guidelines to estimate the amount of temporary support to be granted.
  • Rehabilitative Spousal Support: This form of support is usually granted with the aim of giving the spouse adjudged to be in need the time they would need to acquire the training or skills needed to enter the job market, and thus be able to support themselves. As most other forms of spousal support awarded in the state, it is usually granted in cases involving couples that have one primary earner while the other spouse has to stay at home and look after their kids.

Related: How to Talk to Your Ex About Spousal and Child Support

  • Permanent Spousal Support: This form of spousal support is the rarest, and is only granted in cases where the divorce marks the end of an extended marriage – usually over a decade. It may also be granted in cases where one spouse cannot realistically enter the job market due to poor health or old age.
  • Reimbursement Spousal Support: In cases where one or both spouses contributed financially to the educational advancement of one partner in the hopes that they may benefit the couple in future, California law allows you to request for spousal support in the form of a reimbursement for the amount you spent on your partner’s education.

How To Get A Spousal Support Order

You have two main options when it comes to filing for alimony in California. You can agree upon the amount of support to be paid out of court with your partner and then have the agreement – also referred to as a stipulation – signed by a judge. Alternatively, you can ask for a spousal support hearing in a court of law. It is worth noting that while a temporary calculator is used to calculate the amount of temporary spousal support awarded by the court, a long list of factors is considered when it comes to calculating the amount of rehabilitative and permanent spousal support to be granted.

If you are considering requesting child or spousal support from your ex, Hello Divorce can help. Book a *free* 15-minute divorce strategy call with one of our California lawyers now.

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