Alimony is support paid from one spouse to the other after they separate.
Who can get alimony? In order for the court to award alimony, the judge must find that during the marriage one spouse was the supporting spouse and the other was the dependent spouse. This is usually based on the relative incomes of the two spouses.
How much alimony is enough? Unlike child support, there are no statutory guidelines setting forth recommended alimony amounts. The amount a judge will order is based on the monthly needs and expenses of both spouses, as well as the incomes of the spouses. If the supporting spouse has extra money at the end of the month and the dependent spouse has a shortfall, the judge will probably order alimony to help the dependent spouse fill the gap.
How is alimony paid? Alimony can be paid in a lump sum, or on a periodic basis (such as monthly payments). It can be awarded for a specific duration of time or permanently. Permanent alimony is paid until either spouse dies, or until the dependent spouse remarries or cohabitates.
Is marital fault relevant? Elements of marital fault such as adultery, physical abuse and indignities can be considered by the judge. However, increasingly the alimony is based upon the income, needs and expenses of both parties.
If you would like forms and instructions for listing your income and expenses, please click the links below. If we can help you with your alimony claim or addressing your spouse’s alimony claim take the next step and contact Irvine Law Firm.