Traditionally, it was the husband who had to pay alimony or spousal support after a divorce. This was not a legal rule; instead, it arose out of the social norm of men working and women staying home. In this day and age, however, it is very common for both women and men to pay spousal support due to more and more women being the breadwinners of their families.
How Do the California Courts Determine Alimony?
In California, spousal support is a financial order that may be awarded in a divorce case in circumstances where one spouse earns significantly more than the other. The purpose of spousal support or spousal maintenance is to maintain the recipient’s standard of living after the divorce or separation by bridging the pay gap between both parties.
A spousal support order requires the higher-earning spouse to pay the lower earner a certain percentage of his or her income each month, either temporarily until the recipient can become self-sufficient or (in fewer cases) permanently. In California, spousal support is determined by factors such as the length of a marriage, whether one spouse gave up a career to raise a family, the employment or training of both spouses, and each spouse’s monthly salary.
The courts do not look at factors such as gender or fault for the divorce when determining the spousal maintenance. If the divorce involves adultery, for example, the courts will not automatically award the victim spousal support. Instead, this decision is based on the financial situation of each spouse before and after the divorce. This means it is entirely possible for a woman to pay spousal support.
Are Women Paying Spousal Support More Frequently Than in Years Past?
Yes. According to a survey by the American Academy of Matrimonial Lawyers in 2018, 54 percent of attorneys surveyed reported an increase in women paying child support and alimony. The study found about a 45 percent increase in the number of women paying spousal support compared to previous years. This is a result of more women earning more than men in their given domiciles.
While women having to pay alimony is a mark of the female’s growing power in the workforce, many women are not happy to discover that they will have to pay their ex-husbands after a divorce. It has been a long-standing idea that only men pay spousal support. As more women become the higher earners in their relationships, however, there will continue to be an increase in the number of women ordered to pay alimony.
How Many Women Pay Alimony or Spousal Support?
As of 2019, studies show that about 2 in 10 divorce cases (20 percent) involve a woman paying alimony. This is a big difference from about 1 in 100 divorce cases where a woman paid alimony 30 years ago. In 1960, only about 11 percent of households with minor children had mothers as the highest earners. In 2017, the Center for American Progress shows that 41 percent of mothers are the sole or primary breadwinners for their families (meaning they earn at least half of the household income). This change explains why more and more women are paying spousal support in the family courts.
Who Will Pay Alimony in Your Divorce Case?
The answer to this question depends on the circumstances of your unique case, including which one of you is the primary breadwinner and how much you both make. Spousal support payments depend on other decisions made by the court, such as child custody.
The best way to determine whether you or your spouse will have to pay alimony is by consulting with an attorney in Orange County. A family law attorney can provide an in-depth evaluation of your case and a realistic idea of what to expect from its outcome. An attorney can also help you negotiate with your ex-spouse to try to come up with a settlement that works for both of you. Learn more about spousal support in particular by contacting an attorney.
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