When it comes to spousal support, also known as alimony, people often rely on what they’ve seen on TV or heard from friends and family.
However, this information can be wrong or oversimplified, leading to costly mistakes and unrealistic expectations. If you are divorcing, you can avoid this by separating fact from fiction.
Myth: Only women get alimony
This outdated belief couldn’t be further from the truth. In California, anyone can ask for spousal support. The court doesn’t care about your gender. Instead, among many other factors, they look at:
- Each person’s income
- The length of the marriage
- Each spouse’s ability to work
- The standard of living during the marriage
Judges focus on these and other factors, not whether you’re a man or a woman. Either spouse can request and receive alimony if they meet the criteria.
Myth: Alimony is a punishment
Some people think alimony is a punishment for earning more or engaging in marital misconduct. This isn’t true. Spousal support isn’t about blame or punishment. It’s a financial tool to help both parties after a split. The goal is to:
- Balance resources between ex-spouses
- Help the lower-earning spouse become self-supporting
- Maintain a similar standard of living for both parties
California courts don’t use alimony to penalize anyone for bad behavior during the marriage. They’re focused on fairness and financial stability for both ex-spouses.
Myth: Every divorce includes alimony
Not every California divorce ends with an alimony order. In fact, many don’t. Spousal support isn’t automatic. It will depend on the specific circumstances of each spouse.
If both spouses can support themselves, the court might not order alimony at all. If a valid prenuptial or postnuptial agreement sets rules for alimony, parties can expect to follow those. If there is a history of domestic violence perpetrated against a potential support payor by the potential recipient, that can be a basis for reducing or denying spousal support that would otherwise have been ordered.
Myth: Alimony lasts forever
Many people believe that once alimony is awarded, it never ends. This isn’t true in California. Most spousal support orders have an end date. Where the other factors weigh in favor of an award of spousal support, the duration often depends on the length of the marriage. For marriages under 10 years, support usually lasts half the length of the marriage. Longer marriages might have longer support periods, but even these aren’t always permanent.
Understanding these truths about alimony in California can help you make better decisions during your divorce. Don’t let myths guide your choices. Accurate information is key to protecting your rights and planning for your future.