Miscellaneous

Is Family Support considered alimony in California?

Is Family Support considered alimony in California?

California Tax Treatment of Spousal Support Payment is in cash (including checks or money orders). Divorce agreement does not say that the payment is NOT alimony. You and your former spouse are not members of the same household when you make the payment.

Can a former spouse still pay alimony in California?

Under California law, as a general rule, a former spouse who is paying alimony and who is also eligible for retirement does not have to keep working solely in order to meet his or her spousal support obligations. The case of In re.

What does alimony stand for in California Family Code?

Alimony is synonymous with the word “spousal support”, which is the word used in the California Family Code. We will also use spousal support or just “support” from time to time in this page.

What’s the difference between alimony and spousal support?

Alimony, also known as spousal support, is a court-ordered provision of financial support a spouse for after a divorce. Alimony laws vary considerably from state to state, and courts often have significant flexibility on a case-by-case basis in determing whether to award alimony, how much alimony to award,…

How is spousal support determined in California divorce?

California is considered a no-fault jurisdiction. Accordingly, the court will not consider your spouse’s affair when determining spousal support. However, if your spouse is cohabitating, the court must presume she has a decreased need for spousal support.

Under California law, as a general rule, a former spouse who is paying alimony and who is also eligible for retirement does not have to keep working solely in order to meet his or her spousal support obligations. The case of In re.

Alimony is synonymous with the word “spousal support”, which is the word used in the California Family Code. We will also use spousal support or just “support” from time to time in this page.

What’s the burden of proof for alimony in California?

It is common in California alimony cases for the spouse paying support to argue that the supported spouse is not making reasonable efforts to become employed. In such a situation, the burden of proof is on the supporting spouse to show that there is an earning capacity, ability and opportunity for the other spouse to become gainfully employed.

How long does an alimony order last in California?

Most alimony orders at the trial and judgment phase will continue for one-half the duration of the marriage in short-term marriages or until the death of either spouse, remarriage of the spouse receiving support or further order of the court, whichever occurs first.