Why does alimony still exist?

Alimony is also in vogue in order to equalize the economic condition of both the spouses. The higher earning spouse is entitled to pay a heavy amount as alimony. The spouse who is projected to be enjoying a prosperous career is liable to pay high alimony amount.

Why was alimony created?

Alimony arose in the English ecclesiastical courts at a time when divorce was not permitted and a married couple could obtain only a legal separation. Although the parties may have been living apart, the husband still had a continuing legal duty to support his wife because they were still legally married.

Why does spouse support exist?

Spousal support was put in place in an effort to help protect an ex-spouse that is incapable of taking care of himself/herself financially. Spousal support should be paid when it is necessary and the payments should stop when it is no longer needed.

Can you get spousal support if you cheated?

Cheating does not affect spousal support awards in California. Unlike some mixed states that allow fault and no-fault divorce, California family court judges are NOT concerned with marital misconduct. Spousal support can be awarded during and after a divorce; however, it is not automatic.

What disqualifies a spouse for alimony?

Here are some cases in which California spousal support may be denied: The spouse is able to earn a sufficient income to maintain the standard of living enjoyed during the marriage. The lower-income spouse has separate property or assets that are enough to provide support. The lower-income spouse was abusive.

How do courts determine alimony?

The courts determine the amount and duration of alimony based on a number of factors. These factors may include the length of the marriage, the age of each spouse, income, job skills and ability to a spouse to find a job and become self-sufficient.

Does the husband have to pay alimony?

Answer: Yes, Husband will likely have to pay alimony and the answers to the remaining questions may vary depending on a number of factors. The court will generally consider such factors as:

How long do you have to pay alimony?

In some cases, a spouse may be ordered to pay alimony until the recipient dies or remarries. For marriages that lasted less than 10 years, the judge may order that alimony be paid for a period equal to one-half the length of the marriage. Therefore, for a couple who was married for eight years, alimony may be ordered for four years.

Why is judge will order alimony payments?

Alimony payments are designed to equalize the financial resources of a divorcing couple. A judge will assess if one spouse has a demonstrated financial need and if the other spouse has the ability to pay alimony. Alimony is generally awarded in cases where the spouses have very unequal earning power and have been married a long time.