When does the court consider alimony instead of spousal support?

In California, alimony and spousal support both refer to payments made by one party to the other in a divorce settlement. The court will generally consider alimony rather than spousal support when there is a need to ensure a spouse has the necessary resources to maintain the standard of living they had prior to the divorce. A court may also consider a request for alimony if one spouse has a much greater income or earning potential compared to the other. This could be the case in marriages where one partner provided the main source of income but the other partner took care of the household and other responsibilities. Alimony is usually determined on a case-by-case basis and is usually used for a set period of time, determined by the court, rather than for a specific amount of money over a set period of time. Generally, the paying party is the higher earning spouse and the receiving spouse is the one who is lower in income and earning potential. In deciding whether to award alimony, a court considers the length of the marriage, the age of each spouse, the health of each spouse, the education of each spouse, the financial resources of each spouse, and each spouse’s ability to become self-supporting. The court will also consider the standard of living the couple enjoyed prior to their divorce and which spouse is more likely to need more support.

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When does the court consider alimony instead of spousal support?

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