Is alimony paid in perpetuity or for a fixed period of time?
In California, alimony is typically paid for a fixed period of time. The court generally considers a variety of factors when determining an appropriate period of time for alimony payments. These factors include but are not limited to, the length of the marriage, the earning capacity of both parties, the actual need and ability of the parties to pay, and the standard of living established during the marriage. Depending on the circumstances, the court can award alimony for a fixed period of time or it could be considered “perpetual” or “in perpetuity” alimony. Perpetual alimony is rarely awarded by the court. This type of alimony would be for an indefinite period of time and is generally only granted in cases of a long-term marriage, usually one that has lasted for at least 15 years. Even in long-term marriages, the court will typically award alimony for a fixed period of time, requiring both parties to return to court at the end of that period for a review of the situation. If the court determines that alimony payments should continue, the court will issue a new alimony order specifying the amount and duration of alimony. In summary, alimony payments in California are generally paid for a fixed period of time, though in certain limited circumstances, the court may award alimony in perpetuity or “for life.” Every case is unique and the court will consider a variety of factors in determining the type of alimony that should be awarded.
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