What Disqualifies You From Alimony in California? 2024

In California, alimony, also called spousal support, is financial assistance that may be ordered after a divorce. However, not every spouse is automatically entitled to receive this support, so what disqualifies you from alimony in California?

Certain circumstances can hinder a person’s ability to receive alimony, and understanding these disqualifications can be essential for anyone navigating California’s divorce process and considering potential financial outcomes.

Self-Sufficiency and Financial Independence

One of the key purposes of spousal support is to help the lower-earning spouse keep the standard of living similar to what they had during the marriage. However, if a spouse demonstrates that they are financially independent or can reasonably support themselves, they may be disqualified from receiving spousal support.

Courts consider whether the requesting spouse has a steady income, substantial savings, or valuable assets that could provide financial stability post-divorce. California law encourages both parties to become self-sufficient within a reasonable timeframe, so financial independence often results in reduced or disqualified spousal support.

Short-Term Marriages

The length of the marriage significantly influences eligibility for alimony in California. Short-term marriages, typically considered those lasting less than ten years, are less likely to result in long-term or even significant spousal support. Courts generally expect individuals from short-term marriages to quickly return to financial independence.

While some temporary support may be granted to allow time for adjustment, the likelihood of long-term alimony diminishes as the marriage length decreases. In these cases, spousal support may be deemed unnecessary if both parties are capable of supporting themselves after the divorce.

Earning Potential and Job Marketability

A spouse’s ability to work and their employability can influence whether they qualify for alimony. Courts can assess the potential for the requesting spouse to earn a reasonable income based on their job skills, education, and experience. If the spouse has a strong employment history or possesses skills that are in high demand in the job market, it may be determined that they have sufficient earning potential to support themselves.

Contributions to the Marriage and Education

When evaluating alimony requests, the court considers the contributions each spouse made to the marriage, including financial, household, and educational investments. If one spouse provided substantial financial support while the other pursued education or training to improve their career prospects, this can impact alimony eligibility.

However, if the spouse seeking alimony did not contribute significantly, or if they received significant educational or professional benefits during the marriage, it might reduce their need for support. The court considers whether the spouse can now use those skills to support themselves.

Acts of Deception or Misconduct

California is a no-fault divorce state, meaning the court does not consider one party’s fault or misconduct as a reason for divorce. However, acts of financial deception, like hiding assets or failing to disclose income, can influence alimony determinations. If a spouse seeking alimony has engaged in deceptive financial practices, the court may view them as financially self-sufficient or otherwise disqualify them from support.

Additionally, fraudulent claims about financial needs or dependency can lead to reduced or denied spousal support.

Cohabitation With a New Partner

Cohabitation with a new partner after divorce can impact spousal support eligibility in California. If the spouse receiving alimony moves in with a new partner, it suggests that they may be sharing expenses and are, therefore, less financially dependent on the alimony.

California courts often view cohabitation as a sign that spousal support is no longer needed. While remarriage automatically terminates alimony, cohabitation alone is often enough for the court to consider reducing or eliminating the payments.

Marital Agreement Terms

Some couples create prenuptial or postnuptial agreements that outline the terms of spousal support if the marriage ends. If an agreement exists and it specifies that one spouse is not entitled to alimony, the court generally upholds this arrangement, barring exceptional circumstances.

Length of Support and Self-Sufficiency Requirements

California courts often order spousal support for a specific period to allow the recipient time to become self-sufficient. This period, known as rehabilitative support, typically applies in shorter marriages where the lower-earning spouse only needs temporary financial assistance. Once the court-mandated support period concludes, the spouse is expected to manage without further support.

Failing to seek job opportunities or improve skills can lead to reduced eligibility if the spouse cannot justify ongoing financial dependency.

FAQs

Can My Own Income Level Disqualify Me From Receiving Alimony?

Yes, if the spouse requesting alimony has a high income or significant financial resources, the court may find that they don’t have a sufficient financial need for support. Alimony is generally intended to assist the spouse with lower earnings, so a higher-income spouse may not qualify. Your lawyer can advise you on the next steps.

Could My Actions During the Marriage Impact My Eligibility for Alimony?

While California is a no-fault divorce state, severe cases of marital misconduct, like domestic violence, may affect alimony eligibility. If the supported spouse has a documented history of domestic violence against the paying spouse, it could be grounds for reducing or even denying alimony. If this applies to you, be sure to discuss it with your attorney.

If I Waive My Right to Alimony in a Prenuptial Agreement, Can I Still Receive Support?

Unfortunately, if you voluntarily waived your right to spousal support in a legally binding prenuptial or postnuptial agreement, it can disqualify you from receiving alimony. California courts generally honor these agreements, provided they were entered into freely and meet legal standards. However, if you were coerced into signing one, you should discuss this with your lawyer.

Does Receiving a Large Inheritance Affect My Eligibility for Alimony in California?

If a spouse requesting alimony receives a substantial inheritance or other financial windfall, the court may decide that they have sufficient assets and do not need spousal support. The court considers each spouse’s financial situation when determining alimony, so additional resources may disqualify you. You should discuss any inheritances or windfalls with your lawyer.

How Quinn & Dworakowski, LLP Can Help

In California, spousal support is intended to assist spouses in transitioning to independent financial stability after a marriage ends. However, there are several situations and factors that can disqualify someone from receiving alimony, emphasizing the state’s commitment to equitable outcomes in divorce cases.

To ensure that you receive what you are owed, the team at Quinn & Dworakowski, LLP is ready to fight for your rights, negotiate on your behalf, and leave no stone unturned so that you can focus on the future. Contact us today to schedule a consultation.