Alimony After 20 Years of Marriage in California

If you are facing a divorce after 20 years of marriage in California, you are likely feeling frightened and uncertain about your future and financial security. This can be especially true for individuals who did not work, as their spouse was the main source of income for the family. You might wonder if you are entitled to alimony after 20 years of marriage in California. A spousal support attorney can answer this question.

Divorces can be emotionally and financially devastating, no matter how long the relationship lasts. Therefore, it is only natural that you have questions about whether you are entitled to alimony. These cases can come with their own set of complexities and special considerations. Whether you are the spouse pursuing alimony or the paying spouse, there are certain aspects to consider.

Factors Taken Into Consideration for Alimony Following 20 Years of Marriage

When a marriage is considered a long-term one, the judge will take certain factors into consideration when determining the amount of alimony to award, if any, in the final divorce decree. The duration of the alimony payments will also be ruled on in accordance with these factors, which can include:

• The Duration of the Marriage: The length of a marriage has a key role in determining alimony amounts and their duration. The courts realize that, the longer a marriage lasted, the more one spouse might have become financially dependent upon the other.
• The Standard of Living: In most alimony arrangements, the courts will try to maintain an amount that allows the receiving spouse to keep the standard of living they have grown accustomed to throughout their marriage.
• The Income Disparities: If there is a substantial difference in income between one party over the other, this might influence the amount of alimony awarded to the lesser-earning spouse.
• Earning Capacity: The judge will also analyze the earning capacity of the spouse who is hoping to receive the alimony, as this will affect the amount that is eventually awarded.
• Age and Health: Another large factor that will be considered is the age and health of both spouses. If one of them is unable to work due to a health or medical condition, they may be entitled to long-term or permanent support.
• Financial Contributions: The contributions of each spouse to the marital finances will be taken into account by the judge when making their determination.
• Contributions to Success: The contributions by each spouse to each other’s success, such as one spouse staying home to raise the children while the other spouse pursued their education, will be considered by the courts when setting any spousal support amounts and their duration.

How Long-Term Spousal Support Is Determined

When the courts determine spousal support in a divorce, it is important that the courts review all the factors that could pull the case in your favor.  When making a decision on alimony amounts and how long they may last, the courts will look at the following factors:

• An in-depth look at all financial records from the marriage. The court will analyze the couple’s income, assets, debts, and monthly expenses to gauge the need for long-term support for the receiving spouse.
• The earning capacity of both spouses. One of the spouses might have been the primary earner, while the other stayed at home over the course of their long-term marriage. Thus, there may be a large disparity between the incomes of both spouses.
• The duration of the support. It is even possible for indefinite support to be available.

How to Secure Your Financial Freedom Following a Divorce

After experiencing a long-term divorce, re-entering the job market or living off a single income can be a frightening and daunting idea. This is where alimony can come in and ease the stress you are likely feeling. To secure a fair agreement on spousal support, you will want to take the following steps:

• Gather all documentation pertaining to your finances, such as all income, debts, assets, and living expenses.
• Fully understand your needs, including plans for retirement, costs of healthcare, and any re-training or education needs you might have, should you re-enter the workforce.
• Consult a professional lawyer who can assist you in gathering the necessary evidence to prove the need for alimony payments, whether in the short term or permanently.

FAQs

How Much Does an Alimony Attorney Charge in California?

In California, it can prove difficult to know just how much your alimony attorney might charge to represent you, as many factors can affect the final cost of a case. These can include:

• The complexity and duration of the case
• Whether any financial or accounting professionals need to be consulted
• The experience and location of your attorney

How Much Alimony Can a Wife Get in California?

In California, the amount of alimony a wife might be entitled to is generally determined on a case-by-case basis, as it depends on the unique factors of the situation. These can include the:

• Duration of the marriage
• Heath and age of the parties involved
• Time the wife spent away from her career to support the home and children
• Wife’s needs

What Disqualifies You From Alimony in California?

In California, you could be disqualified from receiving alimony payments after a divorce for several reasons. The judge will take these into consideration when making their final ruling. These include:

• Domestic violence convictions
• Marital misconduct
• Criminal history
• The duration of the marriage
• Remarriage or cohabitation
• Any convictions for child abuse or neglect

How Can I Seek an Alimony Modification in California?

If you, as the paying spouse, wish to seek an alimony modification due to a significant change in your life, such as a job loss, or because your ex-spouse is cohabitating or remarried, you can do so. Similarly, if you, as the receiving spouse, wish to seek a modification to alimony payments due to life changes, like a decrease in income, your attorney can assist you in filing a petition with the courts.

Contact a Trusted Spousal Support Attorney

If you are facing a divorce after 20 or more years of marriage, you are likely feeling uncertain about your financial future. Retaining the legal assistance of an attorney can give you the confidence necessary to pursue what you need. Contact Quinn & Dworakowski, LLP, today to learn how you might be entitled to alimony payments after your California divorce.