Key Factors That Can Affect Alimony Awards

Alimony, also known as “spousal support,” can be one of the most contentious issues in any divorce. One of the reasons why is that, unlike child support, California family law courts do not automatically order alimony; either spouse may request alimony and must prove to the court that they are entitled to it. There’s also no bright-line rule for whether to award alimony; instead, courts consider an extensive and overlapping list of statutory factors, none of which are dispositive, to attempt to arrive at a fair and equitable outcome. Here, our Stockton divorce attorneys go over how those factors can play into a court’s alimony decision. 

The California Alimony Factors 

The statutory factors California family law courts consider when deciding whether, in what amount, and for how long to award alimony are codified at California Family Code § 4320: 

A. Earning Capacity of the Parties 

One of the purposes of alimony is to enable each party to maintain the standard of living established during the marriage. To determine that, courts look to the extent to which each party’s earning capacity is sufficient to maintain that standard of living. In some cases, this determination requires courts to “impute” income to either party — i.e., estimate what each spouse is capable of earning if they are unemployed. For more information about how courts impute income and the effect it can have on alimony determinations, contact a Stockton divorce attorney. 

B. Contribution of Supported Party to Education, Training, Career, etc. 

Married couples have a duty to support each other. In some cases, that means one spouse exits the labor force and takes care of domestic duties to enable the other spouse to focus on their education and career. Such sacrifices come at a personal cost to the former party and confer benefits upon the latter. As such, courts may be more likely to award alimony to a spouse who supported the other spouse in this way during the marriage. 

C. Ability of Supporting Party to Pay 

As the old saying goes, you can’t get blood from a turnip. The amount of alimony to which the supported party is entitled depends a great deal on the ability of the supporting party to pay. When determining that, courts consider the supporting spouse’s salary, bonuses, stock options, and many other factors. Courts may also impute income here, especially if the supporting spouse intentionally reduces their income in an attempt to evade their alimony obligations. 

D. Needs of the Parties

The “needs of the parties” are based on the lifestyle the couple enjoyed during the marriage. Those needs typically fall somewhere in between the bare necessities and luxury. Such needs include housing, dining, household help, private school tuition, and healthcare, among others.  

E. Obligations and Assets of the Parties

Here, courts generally look to the net worth of each party, including any separate property they brought into the marriage. If the supported spouse has low earning potential but extensive and valuable separate property, that might be a basis for denying or reducing an alimony request. 

F. Duration of the Marriage

The duration of the marriage is relevant to determining the length of the alimony award. Generally, for marriages of less than 10 years, the presumption is that alimony will last half the length of the marriage. For marriages of more than 10 years, there is no presumed limit on how long alimony will last. However, these are not hard and fast rules, and judges have considerable discretion over the term of alimony. If your marriage was short but you feel entitled to lengthier alimony (or vice-versa), you should contact a Stockton divorce attorney.  

G. Ability of Supported Party to Engage in Gainful Employment 

The purpose of alimony is typically to enable the supported party to eventually become self-sufficient. Thus, courts consider the extent to which the supported party is able to engage in gainful employment without unduly interfering with the interests of any dependent children in their custody. 

H. Age and Health of the Parties

The age and health of the parties is relevant to the determination of whether the supported party is able to become self-sufficient. Generally, the younger the spouse, the more likely they will be able to meet that benchmark. Age, chronic illness, and disability can negatively affect self-sufficiency, which can increase the odds of a party with those characteristics getting alimony. 

I. History of Domestic Violence

California family law courts do not look kindly on domestic violence. Accordingly, allegations of domestic violence by one spouse against the other — or even against either party’s child — can negatively impact the accused spouse’s ability to obtain alimony. 

J. Tax Consequences

Under federal law, alimony payments are not tax deductible for the payer and are not taxable for the recipient. However, under California law, alimony payments are deductible for the payer and are considered taxable income for the recipient.  

K. Balance of the Hardships 

The balance of the hardships refers to the financial needs of the supported party versus the ability of the supporting party to maintain their standard of living. The goal for courts is to achieve a fair balance rather than unduly penalizing one party or the other. 

L. Time for the Supported Party to Become Self-Supporting

Again, the goal of alimony is to allow the supported party to become self-sufficient within a reasonable amount of time. For marriages of less than 10 years, a “reasonable amount of time” is half the length of the marriage. But, as with Factor F, courts have discretion to order support for greater or lesser lengths of time if the circumstances warrant it. 

M. Criminal Convictions 

Convictions for domestic violence can have an outsized effect on a variety of family law matters, including alimony. Generally, a spouse who has a felony conviction for domestic violence is barred from receiving alimony, while there is a rebuttable presumption that a spouse who has a misdemeanor conviction for domestic violence is barred from receiving alimony. 

Discuss Your Situation With a Stockton Divorce Attorney

As you can see, alimony determinations are intensely fact-specific and are made on a case-by-case basis by taking into account all possible considerations. If you’d like to discuss your specific situation and how likely it is that you will either be able to obtain alimony or have to pay it, please contact a Stockton divorce attorney at McKinley, Conger, Jolley & Galarneau by using our online form or calling us at 209-477-8171.