Since the goal is to protect mutual standards of living, if your ex remarries or finds themselves once again in a steady double-income household, you may no longer be required to maintain or begin alimony payments.
Family law jurists (e.g., judges) can award virtually however much or little maintenance they see as fair. This makes maintenance less predictable than most other areas of the law. SUMMARY OF MAINTENANCE NORMS. Practitioners often say judges award alimony for a time period equal to about 25% of the marriage's length.
The guideline states that the paying spouse's support be presumptively 40% of his or her net monthly income, reduced by one-half of the receiving spouse's net monthly income. If child support is an issue, spousal support is calculated after child support is calculated.
In essence, the court first looks at the economic need of the party seeking spousal support. The court measures this need by comparing the monthly income of the person seeking alimony with their monthly expenses. The shortfall between a party's income and their expenses is that party's economic need.
Specifically in California, disqualification might result from several key factors. One such factor is a significant change in the financial status of the recipient spouse, such as acquiring a new job or receiving an inheritance, which could render them financially independent and no longer in need of support.
A: In California, judges consider various factors when determining whether to award spousal support, including the duration of the marriage, each spouse's earning capacity and needs, and the standard of living established during the marriage.
Misconduct: Certain behaviors can also lead to the disqualification of alimony. For instance, if a spouse is found to have engaged in financial misconduct, such as hiding assets or failing to disclose financial information during the divorce proceedings, this can result in disqualification.
The person asking for alimony must show the court that he or she needs financial support, and that the other spouse has the ability to provide financial support.
Generally, a request for alimony cannot be raised for the first time after a divorce is final. There are two exceptions to this rule. First, the court may not have awarded traditional alimony in the final judgment, but it may have awarded nominal alimony.