Alimony in the State of California also referred to as spousal maintenance or spousal support is the legal obligation for one spouse to pay money to the other spouse after separation and after the divorce is finalized. Spousal support is intended to ensure that a spouse with a lower income does not significantly change his or her lifestyle after the divorce. Now, one might have the question in mind ‘is alimony mandatory?’ There are cases where one would wish to avoid or reduce the alimony.
Contact Mesnik Law Group to efficiently facilitate alimony divorce in California. As you might expect, outright alimony avoidance is not easy, but there are several means that one may wish to take to lessen either the amount of support or the time for which it has to be paid.
Tips to Avoid Alimony Payments in California
1. Prenuptial Agreements
A Prenuptial agreement is one of the surest ways of avoiding alimony in California under California law. A prenup helps divide the couple’s property and set the terms of alimony in case of their divorce. Before enforcement, a prenuptial agreement must pass several requirements among them being; the disclosure of property, the signing of the agreement voluntarily, and the fairness of the support limitation at the time of enforcement.
A well-written prenuptial agreement can also be useful in defining anticipated and realistic goals as well as lessening or perhaps even eliminating any alimony responsibilities. Mesnik Law Group has handled hundreds of such agreements and can help you draft yours.
2. Demonstrate Self-Sufficiency
In California, alimony is awarded based on a variety of factors such as the needs of the spouse receiving support and the ability of the spouse paying support. Proof that the receiving spouse is able to provide for themselves by through employment or a business will help in significantly reducing alimony. This is accomplished by telling the Court about the recipient’s education history, qualifications, employment experience, and future income-earning capability. An expert, called a vocational evaluator is often used in these cases. One way to support reduced alimony is to show that the recipient has the ability to earn more than they currently are.
3. Duration of Marriage
The duration of marriage is one of the key factors that are taken into consideration when awarding alimony in the State of California. Of course, short-term marriages, as any marriage that lasts for less than ten years, are less likely to lead to long-term alimony liabilities.
4. Negotiate Lump-Sum Payments
Divorcing spouses can bargain for a lump-sum payment of alimony during the divorce process. A lump-sum is usually a reduced amount because of the time value of money. It has the advantage of limiting the payor’s exposure and giving the recipient the security of prepayment of support, eliminating the risks inherent in the payor losing their income or experiencing health issues. Lump-sum payments are attractive to divorcing couples as it also ends the need for ongoing obligations and dependence on each other, which otherwise could go on for many years.
5. Seek Legal Counsel
Alimony laws in California are complicated which is why hiring a legal expert is very important. Consulting with a competent family law attorney can help you understand your exposure and provide you with options on how to avoid, limit, or mitigate spousal support.
At, Mesnik Law Group, you will get top-notch Divorce Lawyers and Legal Separation Lawyers in San Diego who will give you accurate knowledge about how to avoid or limit alimony in California.
Also Read: What Is The Difference Between a Divorce and a Legal Separation?
Conclusion
Effective prevention of alimony payments in California requires significant planning, as well as the engagement of an attorney’s services. It might be difficult to totally avoid alimony, but there are ways to ensure that one’s liabilities are reduced to a minimum.
Top family lawyer in San Diego is available at Mesnik Law Group to assist you with this kind of divorce procedure, contact us now for a free consultation.
Disclaimer- The information provided in this content is for educational purposes only and is written. Contact us now to learn more about how to limit or Avoid Paying Alimony in California.