If you’re like many people, you’re wondering, “Do I have to pay alimony?” Because California allows one spouse to ask the other for alimony – commonly called spousal support – during a divorce, it’s a fairly common question. So will you have to pay?
It depends.
Courts in California don’t automatically assign alimony. One spouse has to ask for it in order for the court to consider it, so if your spouse isn’t asking for any spousal support payments, then you’re not going to have to pay alimony.
However, if your spouse does ask for alimony, the court will consider it.
When Will the Court Say “No” to Spousal Support?
If your spouse makes more money than you, has a job, and won’t have a difficult time supporting themselves, the court will likely deny their request for spousal support. The law only provides judges with the ability to grant spousal support when one spouse needs financial assistance to become self-sufficient.
When Does the Court Order Alimony?
The court only orders spousal support when one spouse needs financial help to become self-sufficient. The judge will look at several key factors like:
- Your spouse’s current job skills and earning potential
- Local job market conditions for their profession
- How much time and money they need to gain job skills or education
- Whether their earning capacity was impacted by unemployment during marriage (often due to caring for children or managing the household)
- The length of your marriage
These are just some of the factors considered; the judge may also take other circumstances into account.
For marriages under 10 years, support typically lasts for half the length of the marriage. For example, if you were married for 8 years, you might pay support for 4 years. However, in long-term marriages (over 10 years), the duration might be longer or open-ended.
Remember – even “open-ended” doesn’t mean forever. You can request modifications if circumstances change significantly.
Life Changes That May Affect Your Alimony Obligations
Life isn’t static, and neither is alimony. Many situations can affect whether you have to pay spousal support or how much you’ll need to pay. Let’s look at common scenarios that might impact your alimony obligations and what you can do about them.
Do I Have to Pay Alimony If…
Do I Have to Pay Alimony if I Lose My Job Right Now?
If you suddenly lose your job, you need to take immediate action. File a request for modification with the court right away – don’t wait, because the court can only modify support from the date you file your request, not from the date you lost your job. While you’ll still owe the current amount until the court changes it, judges understand that involuntary job loss is a legitimate reason for modification.
You’ll need to show proof of your layoff or termination and evidence of your job search efforts. The court may temporarily reduce or suspend your payments while you search for new employment, but you must actively look for work at your skill level.
Do I Have to Pay Alimony if My Ex is Under-Reporting Their Income?
If you suspect your ex-spouse is hiding or under-reporting income, you have options. The court takes income concealment seriously. You can request a vocational evaluation or forensic accounting investigation. Keep records of any evidence suggesting they’re earning more than reported – social media posts about work, lifestyle inconsistent with reported income, or business records.
Your attorney can use discovery tools like subpoenas to obtain financial records and tax returns. If proven, the court may modify your support obligation and could even order your ex to pay your attorney fees for uncovering the deception.
Do I Have to Pay Alimony if I’m Paying for Children’s College or Medical Expenses?
Additional expenses for children, including college costs and medical bills, don’t automatically reduce your alimony obligation. However, these substantial expenses can be considered as part of your overall financial picture when requesting a modification. Document all these expenses carefully.
The court will examine whether these costs significantly impact your ability to pay support while maintaining a reasonable living standard for yourself.
You may need to show that these expenses weren’t anticipated when the original support order was made.
Do I Have to Pay Alimony if I’m Getting Close to Retirement?
Retirement can be a valid reason to modify or terminate alimony, especially if you’re reaching standard retirement age. California courts recognize that people shouldn’t be forced to work indefinitely just to pay spousal support. If you’re approaching retirement, start planning early.
Document your retirement accounts, pension information, and realistic post-retirement income. The court will consider whether your retirement is in good faith and age-appropriate.
Early retirement requires stronger justification, but standard retirement age transitions often warrant support modification.
Do I Have to Pay Alimony if I Get Remarried?
Your obligation to pay alimony doesn’t end if you remarry – but your ex-spouse’s remarriage automatically terminates your alimony obligation. Your new spouse’s income won’t be considered for your ability to pay support to your ex.
However, if your new marriage significantly reduces your living expenses (like sharing housing costs), the court might consider this in modification requests. Keep clear documentation of your separate finances if you remarry.
Do I Have to Pay Alimony if My Ex is Misusing the Alimony Payments?
Generally, how your ex-spouse spends alimony payments isn’t grounds for modification. Unlike child support, alimony has no restrictions on its use. The court views spousal support as the recipient’s property to use as they choose. However, if their spending shows they’re financially stable or maintaining a lifestyle above what was established during marriage, this might support a modification request.
Focus on documenting their improved financial condition rather than specific spending habits.
Do I Have to Pay Alimony if I Have Primary Custody of Our Children?
Having primary custody doesn’t automatically reduce or eliminate your alimony obligation. However, the court will consider your childcare responsibilities and related expenses when evaluating your ability to pay support. If you’re covering most childcare costs, housing, and daily expenses for the children, document these carefully.
The judge will look at how these obligations affect your available income for spousal support. Remember that child support calculations are separate from alimony, but your overall financial picture, including custody expenses, factors into spousal support decisions.
Do I Have to Pay Alimony if My Spouse Cheated?
California is a “no-fault” divorce state, meaning infidelity typically doesn’t affect alimony decisions. The court focuses on financial factors rather than why the marriage ended. However, if the cheating spouse’s current relationship impacts their need for support, or if they spent significant marital assets during the affair, the court may consider this.
These factors are relevant only to the extent they affect the financial situation, not as punishment for infidelity. Document any significant marital assets spent during the affair, as this could influence support calculations.
Do I Have to Pay Alimony if My Ex-Spouse is Living with Someone?
When your ex-spouse cohabits with a new partner, you can request a modification of alimony. California law recognizes that living with someone typically reduces expenses and may include financial support from the new partner. While cohabitation doesn’t automatically terminate alimony like remarriage does, it often justifies reduced payments.
You’ll need to provide evidence of the living arrangement and any shared expenses. The court will evaluate whether this new living situation has decreased your ex-spouse’s need for support.
Can I Negotiate a Lump Sum Instead?
Yes, you can negotiate a lump sum payment instead of ongoing monthly payments. This option often appeals to both parties – you get a clean break without ongoing obligations, and your ex gets immediate financial security. Calculate this carefully with financial and tax professionals, as it’s usually irreversible.
Consider factors like investment returns, inflation, and your ex’s life expectancy. The court must approve any agreement, but they generally honor reasonable settlements between parties. Include provisions about what happens if your ex remarries shortly after receiving the lump sum.
What if You Decide Not to Pay Alimony?
If the judge in your case has issued a spousal support order, you must pay it. Failure to pay will result in a 10 percent interest per year on the balance due. The judge has no discretion over the interest payments—California law dictates the penalty.
Do you need to talk to a lawyer about whether you have to pay alimony? Call us at 310-820-3500 for a free case evaluation with a Los Angeles divorce attorney today. We’ll answer your questions and help you develop a strategy to get the best possible outcome.
