What is Considered Income for Spousal Support?

December 7, 2019August 12, 2020
by Angie

If you’re like many people going through a divorce in California, you need to know what is considered income for spousal support. That’s true whether you’re likely to have to pay spousal support (commonly called alimony) or whether you’re likely to receive it.

Usually, the court awards alimony to the lower-earning spouse. It’s a way to level the playing field so that the lower earner has time to get on his or her feet and become completely self-sufficient.

When a judge awards spousal support, he or she must consider the paying spouse’s income.

But what is considered income for spousal support? Here’s what you need to know.

What is Considered Income for Spousal Support?

Judges will only award spousal support when one spouse makes a significant amount more than the other does. The alimony must be fair and reasonable to the lower-earning spouse, but it has to be something that the higher-earning spouse can actually afford. That’s why the courts consider income as a major factor.

Income for spousal support includes all sources of money that a person receives, whether it’s through a paycheck, through stock dividends or through another source. Generally, everything that you’d pay income tax on when it’s time to make a payment to the IRS counts as your income.

What About Imputed Income?

If the person who is supposed to pay spousal support is working a job that pays less than what he or she could earn – especially if the person is doing it purposefully to avoid paying spousal support or child support – the courts can figure out an amount based on a higher figure. That’s known as imputing income for support, and it means that the court will attribute income to a person who hasn’t actually earned it.

Here’s an example: Your ex takes a $20 per hour job as a mall security guard, even though he or she is an established draftsman or engineer who was previously employed in a large firm (and made more than $20 per hour). The court may use the salary from your ex’s previous job to determine how much support he or she should pay. That’s imputed income that your ex could reasonably earn, as shown by his or her prior employment history.

Here’s another example: Your ex has been earning $90,000 per year in a long-term job. However, that job requires a lot of travel. Your ex quits and takes another job making just half of his or her previous salary – and then says that spousal support is unaffordable. The judge in your case will want to know why your ex quit the stable, long-term job, and you’ll have a chance to explain that it was completely voluntary. In a case like that, the judge could impute income, resulting in a spousal support payment comparable to what you’d receive if your ex still had the $900-per-year job.

A Word on Spousal Support AS Income

When someone receives spousal support, he or she must count it as income when filing federal and state tax returns. According to the IRS, alimony needs to be included in a person’s income if the two parties involved meet the following conditions:

The spouses don’t file a joint return with each other
The payment is in cash (including checks or money orders)
The payment is to or for a spouse or a former spouse made under a divorce or separation instrument
The divorce or separation instrument doesn’t designate the payment as not alimony
The spouses aren’t members of the same household when the payment is made (this requirement applies only if the spouses are legally separated under a decree of divorce or of separate maintenance)
There’s no liability to make the payment (in cash or property) after the death of the recipient spouse
The payment isn’t treated as child support or a property settlement

As a side note, if you pay spousal support, the IRS says “Alimony is deductible by the payer spouse.”

Do You Need Legal Advice on What is Considered Income for Spousal Support?

If you need legal advice, such as what is considered income for spousal support, or if you want to find out whether you’ll have to pay – or be entitled to – spousal support, we can help. Call us at (209) 989-4425 or get in touch with us online to schedule your consultation. We’ll help you with every aspect of your divorce, from child custody and child support to property division.

Divorce

What is Temporary Spousal Support in California?

December 22, 2018January 17, 2019
by Angie

If you’re like most people, you’ve heard of spousal support – but what is temporary spousal support in California? Is it something you may have to pay or something that you’ll receive?

Here’s what you need to know about temporary spousal support. (Learn more about the differences between temporary and permanent spousal support here.)

What is Temporary Spousal Support in California?

Only a judge can order temporary spousal support in California. This type of order comes during your divorce or legal separation, and it’s only good during the time you’re going through your divorce. The technical term is pendente lite support. (Pendente lite is Latin for “during litigation.”)

Even permanent spousal support is usually temporary, though. Here’s where things get tricky: The courts typically refer to support orders that take effect after your divorce as permanent spousal support – even though it doesn’t last indefinitely. Permanent spousal support can last for a few months, several years, or until one of you passes away.

What is Temporary Spousal Support For?

Courts award temporary spousal support during divorce to help allocate family income. If one spouse earns and hoards all the money, that’s not fair – and the non-earning spouse is entitled to some of that family income while the divorce is pending. In many cases, the courts award enough money to allow the supported spouse to live in the same manner to which he or she was accustomed during the marriage. The money can go toward rent, bills and other expenses.

Temporary spousal support is not the same as child support. Receiving or paying spousal support doesn’t change whether you’ll receive or pay child support.

What Does the Judge Consider When Making an Order for Temporary Spousal Support in California?

Under California law, a judge can consider several factors when determining whether someone is eligible for temporary spousal support.

The law says, “During the pendency of any proceeding for dissolution of marriage or for legal separation of the parties… the court may order either spouse to pay any amount that is necessary for the support of the other spouse.”

Unlike permanent support, temporary spousal support usually doesn’t have anything to do with how long you were married.

Usually, temporary spousal support hinges on the asking spouse’s financial need and the paying spouse’s ability to pay. The judge in your case will look at many other factors when determining permanent spousal support, though, including:

Both spouses’ assets (including separate property)
Both spouses’ debts
Both spouses’ financial needs according to the marital standard of living they established
How extensively the supported spouse contributed to the paying spouse’s education, training, career or licensure in his or her field
How extensively the supported spouse’s earning capacity is lowered because he or she was unemployed during the marriage
How long it would take for the supported spouse to acquire the skills, education or training necessary to get a job, as well as how much it would cost
The age and health of each spouse
The length of the marriage
The supported spouse’s ability to work outside the home without derailing his or her dependent children’s lives
The supported spouse’s marketable skills, and whether he or she is likely to be able to get a job

Do You Need to Talk to an Attorney About Temporary Spousal Support?

If you’re thinking about filing for divorce, or if your spouse has already filed, you may want to talk to a Stockton family law attorney about temporary spousal support.

Call us at 209-910-9865 to set up a consultation to talk about your case and get answers to all your questions, including those about permanent alimony, child custody and child support, property division and more.

Divorce

What is Temporary Alimony in California?

November 12, 2018January 17, 2019
by Angie

If you’re like many people, you’ve heard of temporary alimony (commonly called spousal support in California) – but here’s the low-down on what it is, how long it lasts and whether you’ll be entitled to receive it.

What is Temporary Alimony in California?

The state of California allows you to ask the court for a temporary alimony order after you file your divorce case. The temporary order, if your judge issues it, will provide you with spousal support while you’re waiting for the final judgment.

Temporary alimony won’t last forever – and in many cases, when the court is considering a request for it, a thorough assessment of your property, assets and debts isn’t always necessary. The order only lasts until a judge gives his or her final ruling in your case.

These types of temporary alimony orders aren’t the same as orders for spousal support that end after a set period of time. It’s common for a court to order alimony for a set period of months or years. After that amount of time has elapsed, the alimony stops unless one of the former spouses asks the court for an extension (which the judge will have to issue a new order for) or agrees to continue paying.

How Long Does Temporary Alimony Last?

Temporary alimony only lasts until the judge has issued a final decision in your case. When your divorce case wraps up, the court may decide to award you alimony for a certain period of time (ending the temporary alimony you received during the divorce) or indefinitely.

Other Factors That Affect Alimony Payments After a Divorce

When a judge awards you alimony in your divorce settlement, there are some things that will trigger an end to your payments, such as remarriage.

If you remarry, your ex-spouse’s obligation to pay alimony to you automatically ends. However, some agreements specifically state that alimony will continue when you remarry – and if that’s the situation in your case, the payments have to continue. The only way to change it is if you or your ex-spouse go back to court and convince the court that it’s no longer necessary.

Will You Be Entitled to Receive Temporary Alimony?

If you need to receive temporary alimony payments, talk to your Stockton divorce attorney. She’ll be able to ask the court for it on your behalf. There’s no guarantee on how a judge will rule, though – your judge may not agree that you need temporary alimony, or he or she may decide that you’re entitled to more than what you’re asking for. Every case – and every judge – is different.

Alimony Basics

While judges don’t normally order a full review of your financial situation when you ask for temporary alimony, they will need it when you ask for a permanent order.

There are two ways a judge can order your ex-spouse to pay you spousal support: through a lump-sum payment or through monthly payments for a specific period of time or until something changes either of your circumstances (like your remarriage).

A lump-sum payment can be something like the transfer of property (such as your marital home) or a direct payment of other expenses. A monthly obligation requires your ex-spouse to pay you each month (usually on the same date).

What if Your Spouse Fails to Pay Temporary Alimony?

If your spouse fails to make a temporary alimony payment that the court has ordered, you need to let your attorney know right away. She’ll be able to let the court know and figure out what happened – and because nonpayment generally means that your soon-to-be ex-spouse has violated a court order, he or she is most likely going to end up in hot water with the court.

Do You Need to Talk to a Lawyer about Temporary Alimony?

When you’re divorcing – whether you’re ready to file or your spouse has already filed – we may be able to help you get the temporary alimony you deserve. Remember, nobody can guarantee how a judge will rule, and every case is different… but if we’re able to help you, we will.

Call us right now at (209) 989-4425 or get in touch with us online to talk to a lawyer who can help today. We’ll help you with every aspect of your divorce, from child custody and child support to alimony and property division.

Tag: <span>Temporary Alimony</span>

What is Considered Income for Spousal Support?

What is Considered Income for Spousal Support?

What About Imputed Income?

A Word on Spousal Support AS Income

Do You Need Legal Advice on What is Considered Income for Spousal Support?

What is Temporary Spousal Support in California?

What is Temporary Spousal Support in California?

What is Temporary Spousal Support For?

What Does the Judge Consider When Making an Order for Temporary Spousal Support in California?

Do You Need to Talk to an Attorney About Temporary Spousal Support?

What is Temporary Alimony in California?

What is Temporary Alimony in California?

How Long Does Temporary Alimony Last?

Other Factors That Affect Alimony Payments After a Divorce

Will You Be Entitled to Receive Temporary Alimony?

Alimony Basics

What if Your Spouse Fails to Pay Temporary Alimony?

Do You Need to Talk to a Lawyer about Temporary Alimony?