What qualifies someone for alimony?
In most cases, only persons who have been involved in a marriage of a “longer duration” (usually over 5 years) are qualified for spousal support. Also, the court will take into account several factors when making the support determination, including: The earning capacity of each spouse.
How many years do you have to be married to qualify for alimony?
Under California Law, the general presumption for duration of support is “one-half the length of the marriage,” for marriages of fewer than 10 years. This means that if you were married for six years, the judge has the right to limit alimony for one-half of the marriage if the need exists (three years).
Do you have to ask for alimony?
You must request alimony during your divorce proceeding. You will not be allowed to request it after the divorce case is over. You and your spouse can agree to include the length of your alimony arrangement in the court order. If you do not agree, the judge will decide what is appropriate for your situation.
How much spousal support should I get?
The amount should be decided by both parties. Some common ways of calculating spousal support are to take up to 40% of the paying spouse's net income (post-child support), less 50% of the amount of the supported spouse's net income (if he or she is working). Spousal support can be waived by the recipient spouse.