In recent years, a consensus has shown that divorce rates are on the decline; statistics in California also reflect this fact. Particularly, in 2017, the state had a 9.4 divorce rate. It cannot be simply said, however, whether this is good or bad since couples have different reasons when filing for divorce. Most of them would be in the same boat though when they say that it is very stressful, especially when there’s alimony involved.

If you’re one of the people undergoing divorce and you’re wondering whether you have to pay alimony in California, you may want to look at some answers below.

How does California handle alimony?

In California, the family court allows either spouse to request for spousal support or alimony. No matter the gender of the person filing for support, they would consider it. The court will then decide whether to grant or dismiss their request. In most cases, they award it if they find that the requesting spouse will need financial assistance during (and after) the legal separation proceedings. As much as possible, they would make a fair decision so that both spouses will live a similar lifestyle to the one they had when they were still together.

When do you need to pay alimony?

Not every divorce case includes spousal support, it is only put forward when one of the spouses submits a request for it. Without this, there’s no need for a court or a judge to order the other to pay for one. However, keep in mind that once requested and then granted, you will have to pay for the alimony.

How is alimony approved?

The family court and judge will look into a few factors when deciding whether to approve or decline an alimony request. Below are some of them.

• The individual needs of the spouses
• The spouses’ earning abilities
• The supporting spouse’s capability to pay alimony
• The health and age of the spouses
• The debts and assets of the spouses

These factors are being looked at to ensure a fair ruling. It is important to note, however, that if a judge finds out that the requesting spouse is capable of providing for their own needs (and this will result in a similar lifestyle to when they were married), then they could decline the request.

Are you allowed to petition a change in the alimony arrangement? 

In most cases, an alimony arrangement isn’t meant to be permanent. Hence, a petition to change the agreement is possible given certain circumstances. A few examples of these are:

• The supporting spouse has lost their source of income
• The alimony recipient has a new source of income
• The alimony recipient moves in with a new partner

The last two items can be used as reasons to file for a petition if it leads to the alimony recipient getting more money than they used to have. The court will look into these new pieces of information and could decide to reject the petition, adjust the amount of the alimony, or completely stop the arrangement.

What are the consequences if you don’t pay alimony?

As discussed, once the court has approved an alimony request, you need to make the payments. If you choose otherwise, the court may execute the following against you:

• Withhold your wages
• Look into your bank
• Stop your tax refunds
• Receive a 10% penalty for your due balance
• Hold you for contempt of court, resulting to an arrest

Get an expert to advise you about alimony arrangements

Paying alimony in California is serious business. You want to stay well-informed from start to finish when going through this whole process. To do so, it’s best to consult and convene with legal experts that will prioritize your personal affairs.