How Recent Alimony Law Changes may Impact your Fresno Divorce
There have been continual changes to spousal support laws, sometimes referred to as “alimony”, in the state of California for as long as there have been laws regarding spousal support, and spousal support laws will continue to evolve as the structure of a typical marriage changes.
The rights to alimony are governed by the California divorce bylaws and are best interpreted by a knowledgeable family law firm with years of experience on their side. The Fresno Law Office of Fisher & Leiser has that experience and is ready to help navigate you through the alimony laws for the state of California. To help make sense of alimony laws we have included an overview of some simple California spousal support laws below.
Alimony law reads like a confusing Mad Lib to some people due to the multiple factors that are considered in each alimony law case. To add to potential confusion no alimony case is the same as another because the alimony laws of California are written in consideration of the individual cases.
For those going through divorce in Fresno, alimony law states determining the weight to be given each of the statutory factors in a particular case, in order to arrive at a "just and reasonable" support award (California Family Code § 4330(a)), is "extraordinarily difficult." It is a matter committed to the trial court's sound judgment. With alimony law, courts must begin with the general base decision to award alimony and, if so, the amount and duration must be based on the standard of living established during the marriage.
Per alimony laws, in ordering spousal support the court shall consider all of the following circumstances (as provided in California Family Code § 4320):
- Ability to maintain marital standard of living in light of earning capacities
- Contributions to other spouse's education, training, etc.
- Supporting spouse's ability to pay
- "Needs" in light of marital standard of living
- Parties' assets and debts
- Duration of marriage
- Employability of custodial spouse vs. impact on children
- Age and health of the parties
- History of domestic violence
- Tax consequences
- Relative hardships
- Goal of self-support
- Spousal abuse conviction
- Other "just and equitable" factors
The alimony law continues to state that if the supported party is no longer in need, or a detrimental change in the obligor party's needs or ability to pay outweighs the other's need for support, proceedings to terminate (or reduce) support can be started.
To learn more about California alimony laws, or for an alimony consultation, please email the Fresno Law Offices of Fisher & Leiser or call 559-892-0365.