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Family Law

Alimony, Spousal Support, and Maintenance

Alimony, also known as spousal support or maintenance, is financial support paid by one spouse to another. There are essentially three types of alimony: permanent, restitutional and rehabilitative. Permanent alimony is an allowance for support and maintenance (such as food, clothing, housing and other necessities) of a spouse. When a party requests permanent alimony, they must establish that they have a need for support and that their spouse has sufficient means and abilities to provide for part or all of the need. Restitutional and rehabilitative alimony are paid for a shorter period of time and most likely provides less than the standard of living during the marriage. Rehabilitative alimony is designed to provide the means necessary to enable a spouse to refresh or enhance job skills necessary to become self-sufficient by providing financial support while the spouse is obtaining necessary training.

The California Family Courts now try to create an equitable agreement based on what each spouse will need to be financially independent and off public assistance. When a California Family Court judge makes decisions about spousal support, he or she takes factors into consideration such as:
  • How long the marriage lasted;
  • The couple's ages;
  • Both parties' standard of living during the marriage;
  • Marketable skills each one has or could acquire;
  • Each party's health
  • Financial obligations to prior families;
  • Custodial parent's need to stay at home with the children;
  • Contributions each one has made towards the marriage (through regular employment, homemaking, investments, etc.)

Spousal Support

In California, married persons have a right and an obligation to support each other during their marriage. Depending upon numerous factors taken into consideration by a court in a dissolution case, this obligation may extend beyond the marriage.

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The Effect of Spousal Support on Your Taxes

If you pay or receive spousal support, it can impact your federal taxes. The Internal Revenue Service (“IRS”) has implemented a system through which one may receive credit in the form of a deduction for paying spousal support.

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For a complimentary consultation regarding California spousal support laws, contact us at 877-479-7970, or e-mail us at info@law-thomas.com.