A significant number of people have dealt with divorce proceedings. In California alone, there’s a record of about 97,000 men and about 112,000 women who have gotten a divorce in 2016. Legal firms, such as the Law Offices of Dorie A. Rogers, APC, are aware of this fact and offer services that could provide reprieve to their clients who may be undergoing a stressful time.

One of these services is settling spousal support or alimony. They also answer difficult questions that a client may have, including the possibility of avoiding alimony payments. If you’re also wondering what’s the answer to this question, listed below are a few pieces of information that you might want to know.

How is alimony decided in California?

For a family court to decide whether they will award alimony, a request has to be put forward by one of the involved parties. In the state of California, either spouse can file for this request. It doesn’t matter what their gender is; they won’t have to worry about any repercussions involving gender bias.

If the court decides to grant this request, it will then determine which type of alimony they will award to the appealing party. California has three types of spousal support:

• Temporary
  
  This alimony is granted to the lesser-earning spouse so that they can maintain the same lifestyle that they are used to. It is being paid while the divorce proceedings are ongoing. It often ends once the recipient finds permanent support and after the couple’s assets and debts have been divided.
  
• Rehabilitative
  
  This alimony is the most common one. They are granted to individuals whose primary role is to be the children’s caretakers while their partners are primary earners. Payments for this type of alimony stop only once the recipient has gained essential skills and education to help them seek job opportunities for themselves.
  
• Permanent
  
  The court reserves granting this type of alimony to individuals who were in marriages that had lasted for 10 years or more. They also award this to individuals who are unable to find a job due to age or poor health.

When can an alimony request be denied by the court?

It is completely plausible for the court to deny an alimony request. During the ruling, they will look into several factors to determine whether the appealing party is indeed entitled to spousal support. In most cases, they will look into some personal information of both spouses, including:

• Earnings and earning capacity
• Assets and properties
• Expenses
• Debts
• Duration of marriage
• Health and age
• Established standard of living
• The supporting party’s ability to pay alimony
• Criminal convictions, including domestic violence against the other spouse and children

How to avoid paying alimony if the request was approved?

In actuality, there’s little to be done once the alimony request of the appealing party has been granted. However, there are some instances wherein the supporting party can somewhat avoid making alimony payments, and these are through:

• Prenuptial agreement
  
  This agreement should be settled before the marriage of both parties. They, together with their respective legal counsels, can agree on conscionable terms at the time of signing. In a prenup, you may waive or set your provisions for your right to alimony.
  
• A change in the recipient’s financial situation
  
  If there has been a change in the recipient’s financial situation, you may file for a petition to adjust the current alimony arrangement. For some, these changes may materialize as a new source of income or if they move in or marry a new partner. The court will then re-examine whether they are still entitled to alimony.

Schedule an appointment with a family law attorney

To understand more about alimony or spousal support, it’s best to find a lawyer specializing in family law. Family lawyers provide services such as providing counsel for a prenup agreement to handling alimony settlements during divorce proceedings. They are equipped with the knowledge to help you with any of your questions and concerns regarding this issue.