California Alimony Law Information
- Alimony is not mandatory. The amount of alimony, if any, is determined by the judge overseeing the marriage dissolution. The California Family Code specifies 14 factors that the judge must take into consideration when determining the amount. These include the length of the marriage, the age and health of the parties, the ability of the parties to earn a living, the standard of living and how many children there are.
- The duration of alimony is also determined by the judge overseeing the dissolution. Guidelines from case law assists the judge in making a determination. In marriages of less than 10 years, it is generally assumed that alimony will be granted for a period equating to half the marriage. How long a couple has been separated and the financial arrangements during the separation may also be taken into consideration.
- While irrelevant to the financial circumstances of the parties, if there is documented evidence of domestic violence or attempted murder between spouses five years prior to the marriage dissolution or anytime after it, and the perpetrator is the party claiming alimony, the claim is likely to be denied.
- Alimony is tax-deductible for the party paying it and taxable income for the party receiving it. If parties have significantly differing incomes, there may be tax advantages to using alimony, even if it is not court-ordered. If the payer wants to claim a sizable tax deduction, it may be more advantageous to pay the recipient more money in order to compensate for the increase in tax bracket the receipt of alimony may cause.
- There are a number of ways in which court-ordered alimony can be enforced, including wage garnishment, sequestration of property and posting of security. A party who fails to pay alimony can also be found in contempt of the court order. The recipient of the alimony can request the court to determine the payer is in contempt of court, and the penalty can include fines and a jail term, which is generally under 30 days.
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