Divorce Without Alimony In Santa Clara
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FAQ
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.
A prenuptial or postnuptial agreement can prevent many alimony disputes. Such marital agreements allow couples to agree beforehand on whether spousal support would be awarded in the event of a divorce. California's Family Code 1612 states that couples can agree to waive spousal support in a prenup or postnup.
The courts in many California counties use a formula as a guideline for calculating the amount of temporary spousal support. These guidelines vary, but one common formula for the monthly amount of support is 40% of the high earner's net monthly income minus 50% of the low earner's net monthly income.
Prove your spouse is cohabiting with someone else: If you can prove that your spouse is living with someone else, you may be able to get out of paying spousal support altogether. Likewise, if you can show that your spouse can earn a reasonable living, you may be able to have your alimony payments reduced or eliminated.
The key factors analyzed in an alimony decision are each spouse's income, ability to earn and standards of living established during the marriage. If there is a history of violence, abuse or certain criminal convictions, however, this could bar a spouse from receiving alimony payments under California law.
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.
Getting a divorce takes at least 6 months. There are 4 major parts of the process and they are the same for couples who are married and for those in a domestic partnership. It's the same process to get a legal separation.
If you've been married less than five years and have no children, you may qualify for a simpler way to get divorced (summary dissolution).
Alimony, also known as spousal support in California, is not an automatic legal requirement at the time of separation or divorce but rather is an option explored by the court to understand if there is an income disparity between the two separating parties.
