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How Do I Get Alimony Payments Lowered if My Income is Lower in California?

How Do I Get Alimony Payments Lowered if My Income is Lower in California?

Q: How many years do you have to be married to get alimony in California?

There is no minimum duration required to receive alimony in California. Even short marriages can result in alimony awards if the court finds it appropriate based on the circumstances. Factors such as the financial situation of both spouses and the standard of living during the marriage will be considered.

Full question:

000000000000 My husband was in a 32 year long term marriage in CA and was ordered 6 years ago to pay $1500 per month alimony. At the time we made @ $200,000 per year, and now make @ $140,000. What are the chances of getting the alimony reduced based on our current reduction in income?

Category: Divorce
Subcategory: Modification
Date: 04/07/2025
State: California

Answer:

When a divorce decree is issued by a court, that court retains jurisdiction to modify its order. A court may grant a motion for a modification of a divorce decree when the parties consent to the modification or when a significant change of circumstances justifies the modification. If any factor used in determining spousal support changes, such as a change in income or remarriage, modification may be available. It will be a matter of subjective determination for the court based on all the facts and circumstances involved.

Please see the following CA statutes:

http://www.leginfo.ca.gov/cgi-bin/displaycode?section=fam&group=03001-04000&file=3650-3654
http://www.leginfo.ca.gov/cgi-bin/displaycode?section=fam&group=03001-04000&file=3660-3668

This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.

FAQs

Can you get alimony after 5 years of marriage in California?

In California, alimony can be awarded after a marriage of any length, including five years. The court considers various factors, such as the duration of the marriage, the financial needs of the receiving spouse, and the ability of the paying spouse to provide support. However, the longer the marriage, the more likely alimony is to be granted. The specific circumstances of each case will ultimately influence the court's decision.

How many years do you have to be married to get alimony in California?

How to calculate California alimony?

Alimony in California is not calculated using a specific formula. Instead, the court considers various factors, including the length of the marriage, the income and needs of both spouses, and the standard of living established during the marriage. The court aims for a fair and reasonable support amount that reflects these factors.

What disqualifies you from alimony in California?

In California, several factors can disqualify a spouse from receiving alimony. These may include a significant change in circumstances, such as cohabitation with a new partner or a substantial increase in the receiving spouse's income. Additionally, if the marriage was deemed to be of very short duration, the court may be less likely to award alimony.

What is the minimum alimony in California?

California does not have a set minimum amount for alimony. The court determines the alimony amount based on the specific circumstances of each case, including the financial needs of the receiving spouse and the ability of the paying spouse to provide support. The goal is to achieve a fair outcome rather than adhering to a minimum standard.

How long does a man have to pay alimony in California?

In California, the duration of alimony payments depends on various factors, including the length of the marriage and the financial circumstances of both spouses. For marriages lasting less than ten years, alimony is typically awarded for half the length of the marriage. For longer marriages, payments may continue until a significant change in circumstances occurs.