Unfortunately, if you’re facing a divorce, financial topics like alimony payments and child support are likely to bring up conflict. Alimony payments are also known as “maintenance,” or “spousal support.” Essentially, alimony is the legal obligation of one former spouse to provide some financial support to the other. But what qualifies you for alimony after a divorce? Read on for a quick overview.
Who is Entitled to Alimony?
Alimony is not necessary when both spouses are able to financially support themselves after the divorce. But, for instance, if one spouse is re-entering the job market again after many years, alimony payments may be temporarily granted in order to help bridge this gap.
As you can see, not all former spouses are entitled to alimony. There are some general questions to consider when determining if you or your soon-to-be-ex spouse is entitled to alimony payments, such as the length or your marriage, the health of each spouse, as well as your post-divorce incomes and expenses.
Length of Marriage
One of the most important factors in determining what qualifies you for alimony after a divorce is how long you and your spouse were married. The longer you’ve been together, the greater the chances for alimony, and the longer the duration of payments will be required. For example, if you’ve been married for more than ten years and the difference in your incomes is very visible during that period, spousal support would not be a possibility. Of course, the opposite is also true. If you were only married a year ago, the likelihood of alimony is very slim.
Income Disparity
In order to qualify for alimony, you’ll need to prove that your spouse earned significantly more money than you during your relationship, and that they’re able to afford alimony payments. However, if you earn roughly the same amount, the judge will not see any reason why alimony would be necessary.
How Much Alimony Can I expect?
California’s court system has its own way of calculating fair spousal support payments. How much alimony you receive after the divorce will be based on several factors. These details include things like gross annual income, tax filling statuses, health insurance premiums, the number of dependents, and any child support payments.
Find Out if You Qualify
The laws surrounding spousal support differ across the United States, so it’s important to discuss your circumstances with a local family law attorney in order to gain a better understanding of what qualifies you for alimony after a divorce in your state. At Whipple, Mercado & Associates, we’re here to help. Call us today at (925) 344-5050 to schedule a free consultation, or view our testimonials.