Does California Have Permanent Alimony?

A divorce case in California may involve issues such as the question of alimony – also known as spousal support or spousal maintenance. If you qualify for alimony, your ex-spouse will be required to continue financially supporting you after your marriage ends. In California, long-term or permanent alimony is a possibility. Seek a divorce attorney in Orange County for support in figuring out your alimony issues.

What Is Permanent Alimony?

Permanent alimony is a long-term spousal support order in California that can be ordered by a judge during a divorce or legal separation. The term “permanent” is used not to describe the duration of the support order, but rather the timeframe of when the order takes effect. Temporary alimony is paid during the ongoing legal process of a pending divorce, while permanent alimony is a finalized court order at the conclusion of a case.

How Long Is Permanent Alimony in California?

Despite its name, permanent alimony typically does not last a lifetime. It is a long-term spousal support order that can require the paying party to pay monthly for many years. The length of time that an alimony order lasts will depend on the circumstances. The goal is to provide the recipient with financial support for as long as it takes for him or her to become self-supporting. The longer the marriage, the more time this process is assumed to take. 

In general, longer marriages are more likely to result in permanent or long-term alimony awards without specific end dates – especially if one spouse earns significantly more than the other. There is a basic assumption in the courts that if a couple was married for 10 years or longer, a judge does not have to determine a “reasonable length of time” for the order; it can last for as long as one spouse needs it and the other can pay.

However, if a marriage lasted for less than 10 years, an alimony order in California will last approximately half as long as the marriage. A couple that was married for four years, for example, may be issued an alimony order with a duration of two years. This can change from case to case based on what the judge believes is fair.

Who Qualifies for Permanent Alimony in a California Divorce Case?

There is a common misconception that if a couple was married for at least 10 years, permanent alimony is a guarantee. In reality, a judge will determine whether alimony should be awarded based on the unique factors involved in each case.

A judge will consider numerous issues when determining the duration of alimony, such as:

• The length of the marriage
• Each spouse’s income and earning capabilities
• The couple’s standard of living for the duration of the marriage
• Whether the lower earner supported the other’s career or education
• Whether the lower earner gave up a career to raise children or take care of the household
• The recipient’s ability to obtain gainful employment

In general, judges do not set dates for permanent alimony payments for long-term marriages. However, this does not necessarily mean the order will last indefinitely. The issue will be periodically reviewed by the courts to determine if it needs to be adjusted or terminated.

Can I Modify or Terminate Permanent Alimony in California?

Permanent alimony does not mean the order cannot be modified or stopped early. Either spouse can submit a request to the courts at any time to review an active alimony order. Typically, a review request must be submitted after a reasonable amount of time has passed from the initial order for a judge to consider making changes. 

In addition, there must be a substantial change in either party’s circumstances that makes the review necessary, such as the paying party losing his or her job or the recipient getting remarried. The courts will only grant a modification or cancellation request for an alimony order in California if there are reasonable grounds.

For more information about permanent alimony in a California divorce case, contact Boyd Law to request a free consultation with an Orange County family law attorney.