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.
How is the Amount of Alimony Determined? Supporting Spouse's Ability to Pay. The Best Interest of Children. The Lenght of a Marriage. The Ability to Earn. Standard of Living the Spouses Maintained During the Marriage. Educational or Emotional Support.
California Alimony California determines alimony based on the recipient's “marital standard of living,” which aims to allow the spouse to continue living in a similar manner as during the marriage.
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.
You are not legally obligated to support her. If a divorce is filed the court could make alimony retroactive.
In most cases, alimony in a short-term marriage may last for half the duration of the marriage. So, alimony might be ordered for 2.5 years for a five-year marriage.
If you are still living with your spouse or former spouse, alimony payments are not tax-deductible. You must make payments after physical separation for them to qualify as tax-deductible. Don't file a joint tax return. If you and your spouse file a joint income tax return, you can't deduct alimony payments.
California determines alimony based on the recipient's “marital standard of living,” which aims to allow the spouse to continue living in a similar manner as during the marriage.