Have you ever watched a TV show about a messy divorce? Or heard your friend complain about their ex’s alimony payments? These stories can lead to misconceptions about spousal support in California, which can affect your expectations and experiences if you are going through your own split. Before you make any decisions about spousal support, it’s crucial to clear up some of the most common misconceptions.
Myth 1: Spousal support is a reward or punishment
Many believe that spousal support is either a reward for the receiving spouse or a punishment for the paying spouse. In reality, its purpose is more nuanced.
In California, the purpose of spousal support can be to:
- Help a lower-earning spouse maintain a standard of living similar to the marriage
- Provide temporary support while a spouse seeks education or job training
- Address any economic disadvantages one spouse may face due to the divorce
It’s not about penalizing one party but rather ensuring both individuals have the means to transition into their new lives.
Myth 2: Spousal support is a big, life-long payout
Another common misconception is that spousal support will be a huge sum that sets a person up for life. In reality, the amount and duration of spousal support vary greatly depending on individual circumstances, such as the length of the marriage, income and earning potential.
Further, most alimony orders are temporary. For marriages less than ten years, support typically lasts half the length of the marriage. Longer marriages might lead to longer support orders, but these orders are often modifiable based on changing circumstances.
Myth 3: Every case involves spousal support
It is also a misconception that courts will award spousal support in every divorce. However, whether support is granted depends on various circumstances, including whether there is a prenup in place, whether there is a legitimate need for support and whether the potential payer has the resources to pay alimony. In some cases, the court may decide not to award spousal support at all.
Understanding the reality of spousal support orders in California is crucial, whether you anticipate paying or receiving it. Accurate information empowers you to approach your divorce proceedings with realistic expectations and a focus on achieving a fair and equitable outcome. Don’t rely on hearsay or assumptions when it comes to your financial resources after divorce.