Why Might Someone Be Denied Alimony in California?

spouse being denied alimony

Though unfortunate, not all marriages will succeed. This is a tough emotional time for many, it can also cause a financial strain as the assets between partners are subject to California’s community property statute. If you’re going through a divorce and want to understand alimony payments, you’ll want to keep reading to learn more about the circumstances in which a spouse may be denied alimony and how Los Angeles spousal support attorneys can help you navigate the process.

Will My Spouse Be Denied Alimony?

In general, the courts will examine two primary factors when determining whether or not a spouse should receive alimony. This includes looking at each spouse’s income to determine if the requesting spouse needs financial support and if the paying spouse can afford the monthly payments.

If your spouse works a high-paying job or has a steady stream of income that allows them to live the same lifestyle they enjoyed when married, it is very likely they will be denied alimony payments. However, it is vital to note that alimony and child support are very different, meaning you may still be required to pay child support for your children even if you do not owe your ex spousal support.

It’s also essential to consider that the recipient or paying party may request a modification or termination of payments for several reasons. For example, if the receiving spouse gets remarried, payments must cease. Similarly, if the paying spouse loses their job, it may impact their ability to make payments, and a judge may order the support to stop.

This means alimony can likely be denied, especially if your ex-spouse is in a high-paying position.

What Are the Different Types of Alimony Payments?

If your spouse is awarded alimony, it’s essential to understand that there are different payment options. For example, you may only need to pay temporary support, which lasts until the divorce has been finalized. However, many must pay permanent alimony, which requires payments until the receiving spouse gets remarried or either passes away.

There are additional options for payments, such as rehabilitative alimony, in which a spouse is granted payments to continue their education to obtain the necessary skills to support themselves. On the other side, you may receive reimbursement payments if you paid for their schooling immediately before filing for divorce.

Going through a divorce is a tough time for many, as it can be emotionally and financially stressful. Instead, you’ll want to enlist the help of the Zitser Family Law Group. We understand that this can be challenging, and our dedicated legal team is ready to help you navigate the financial and legal aspects so you can focus on healing.

Our Recent Blogs

View More

Website built and managed by Accel Marketing Solutions, Inc