In general, alimony—also called spousal support—can be granted to any spouse in a divorce or separation proceeding to help them maintain their standard of living. However, there are limits. When it comes to a family law case, what disqualifies you from alimony in San Francisco, CA? Significant financial resources, a new live-in partner, or the criminal behavior of a party requesting alimony can bar them from receiving support payments. There are also factors that can reduce a spouse’s payments, which we’ll go over in this blog.
If you and your spouse are breaking up, and you have concerns about meeting your financial needs after the split, the Law Offices of Ali Yousefi, P.C., can help. We have over a decade of experience and provide top-level advocacy to each client who seeks our help.
Is Alimony Mandatory in California?
No. California may grant alimony when a spouse asks for it, but the court is not required to hand down an alimony award to either spouse in a dissolution of marriage case. And if a dissolution case involves certain facts, a judge might be prohibited from granting alimony.
Factors for Granting Alimony
Before we go over what can outright ban an alimony award in your case, let’s talk about what California courts look for when granting alimony. As we mentioned above, the purpose of spousal support is to help the supported spouse maintain the same standard of living they enjoyed while married. The court looks at the following to help it make spousal support decisions:
- The duration of the marriage,
- The standard of living established during the marriage,
- The earning capacity of each spouse,
- The extent to which the spouse requesting support contributed to the education or career development of the other,
- Any history of domestic violence or criminal activity,
- The health and age of each spouse,
- The ability of the requesting spouse to work without undue interference with their parenting obligations,
- The tax consequences of a support award or obligation,
- The needs of the requesting spouse, and
- The ability of the other spouse to pay.
While not required in every case, courts tend to order that alimony payments last half as long as a couple’s marriage lasted unless the marriage was long-term. A marriage lasting 10 years or longer is considered long-term.
If your marriage did not last long, or you have the employment opportunities or resources to support yourself after a divorce, the court might deny or reduce your request for spousal support. Also, the following factors can prevent the court from granting a spouse any type of support.
No Support If the Requesting Spouse Has Enough Money and No Children
Under California law, a judge cannot award spousal support to a requesting party who does not have children and has enough separate property or employment income to sufficiently support themselves. We can review your financial circumstances and legal options to determine whether a court is likely to honor your request for alimony.
No Support If the Requesting Spouse Is Living with a New Partner
If you are living with a non-marital partner at the time of your divorce or after your divorce is final, the court will likely deny you spousal support. However, you can overcome this bar if your spouse agrees in a written document to pay you support. You can also overcome this bar if you can prove your need for support despite your new living situation.
No Support If the Requesting Spouse Committed a Certain Type of Crime
A spouse cannot receive alimony if they have been convicted of any of the following crimes:
- Attempting to murder the other spouse,
- Soliciting the murder of the other spouse,
- Committing a domestic violence felony against the other spouse, or
- Committing a violent sexual felony against the other spouse.
Domestic violence and violent sexual felonies would become bars against support if the requesting spouse filed their petition within five years of their conviction and period of punishment.
The Law Offices of Ali Yousefi, P.C. Can Maximize Your Award
Alimony can be a crucial form of support when you are rebuilding your life after a divorce or separation. If you have concerns about what disqualifies you from alimony in California and how to avoid a denial of your support request, you should reach out to us. At the Law Offices of Ali Yousefi, P.C., we provide award-winning legal representation to the people of California. We care deeply about giving each client the best circumstances for moving on after a divorce, and we know how to get the best possible outcome in each case. You can schedule a consultation with us by contacting us online or giving us a call.
Attorney Ali Yousefi is the founder of Law Offices of Ali Yousefi, P.C., and has distinguished himself as one of the leading lawyers in California. Ali values that his work allows him to make a direct, positive impact on the lives of people who have experienced stressful or traumatic events.
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