Alimony, also known as “spousal maintenance,” can be a huge drain on your finances. There may also be personal reasons why you want to avoid paying alimony to your spouse. While avoiding child support payments in the state of California can be difficult, it is not impossible.
If you have the right reasons and a good attorney to represent your case, you can waive spousal support in a divorce. Here are some important things you should know about getting divorced in California without paying alimony.
Is Child Support Obligatory in California?
It is not mandatory for the courts to award maintenance to the husband or wife. However, since there are differences in income in most cases, maintenance can hardly be avoided. There are also other factors that may prompt the court to award alimony. Some of these are described below.
- Future Earning Opportunities – If the spouse has future earning potential due to his/her education and experience, the court can exclude the possibility of alimony payment.
- time since marriage – The division of assets and liabilities increases with increasing marriage time. Dependence also increases with the duration of the marriage. The longer the marriage lasts, the higher the likelihood that the court will award alimony.
- standard of living – In a marriage, both spouses have the same standard of living. After a divorce, the standard of living of one of the spouses may deteriorate. In such cases, it will be difficult to avoid paying alimony.
- Emotional and physical health – If the spouse’s mental and physical health is compromised due to low post-divorce income, alimony cannot be avoided.
How do I avoid paying child support in California?
- Alimony or spousal maintenance is not automatic – There is a general perception that alimony is part of divorce. However, this is not the case. The reason for maintenance must be clarified. There must be an examination that can conclusively prove the need for alimony. It is your right to challenge the payment of alimony.
- Marriage settlement – This is intended for people who are not yet married but plan to be. While most people aren’t looking forward to their marriage getting into trouble, the future is uncertain. If both partners agree, they can sign a marriage contract. It protects them from mutual claims.
- proof of cohabitation – If your spouse lives with someone else, this can be a valid reason for not paying spousal support. Of course, the assertion must be supported by appropriate evidence.
- Out of court settlement – Both partners can talk to each other or work with their lawyers to reach an out-of-court settlement. For example, the partners may decide to share their assets by mutual consent. This can also help avoid child support payments.
Every case is different, so it is better to consult a California divorce attorney. With her guidance, you can get a fair deal for yourself and your partner too.
Comments are closed.