Alimony, also known as spousal support, is a financial obligation imposed by the court in which one spouse provides monetary support to the other after a divorce.
In California, alimony is designed to maintain the standard of living enjoyed during the marriage and to support the lower-earning spouse until they become self-sufficient.
Types of alimony in California
There are several types of alimony in California:
- Temporary Alimony: This is awarded during the divorce proceedings to help the lower-earning spouse manage living expenses until the divorce is finalized.
- Rehabilitative Alimony: This type supports the recipient while they gain the education or training necessary to become self-sufficient.
- Permanent Alimony: Though less common, this is awarded in long-term marriages where the recipient may never become fully self-sufficient.
Conditions for terminating alimony
Alimony payments can be stopped under various conditions:
Court-ordered termination date
Many alimony orders include a specific termination date. Temporary alimony ends once the divorce is finalized. Rehabilitative alimony typically ends when the supported spouse completes their education or training. The court will outline these dates in the divorce decree.
Recipient remarriage or cohabitation
In California, alimony automatically terminates if the recipient remarries. Additionally, if the recipient begins cohabitating with a new partner, the payer can request the court to reduce or terminate alimony, arguing that the recipient’s financial needs have decreased.
Change in financial circumstances
Significant changes in either party’s financial circumstances can justify modifying or terminating alimony. For example, if the payer experiences a substantial decrease in income or the recipient becomes financially independent, the court may adjust the alimony arrangement.
Death of either party
Alimony obligations cease upon the death of either the payer or the recipient. This termination is automatic and does not require a court order.
Understanding these conditions can help you determine when you may stop paying alimony and ensure that you comply with California’s legal requirements.