Pursuing a divorce without children can be less complicated in some ways because there is no need to address child support and custody issues. However, one spouse may still be required to pay alimony or spousal support to the other spouse. It is possible to avoid paying alimony in a California divorce without children, but it depends on the circumstances. Discussing your case with a divorce attorney can help you understand your options.
Is Paying Alimony Always Required in California?
In California, alimony is not automatically awarded in every divorce. Its purpose is to provide financial support for spouses with significantly lower income levels or assets. Courts can grant alimony permanently or temporarily. Generally, the longer the marriage and the greater the disparity in income or earning capacity, the more likely alimony will be awarded.
Alimony is required only if a court order mandates it unless you and your spouse reach an agreement before the divorce is finalized. When spouses cannot agree on alimony, the court will consider all relevant factors found in California Family Code §4320 to decide whether to require alimony and for how long.
Alimony changes or cancellations can only occur through a court order. Successfully modifying alimony payments requires evidence of a substantial change in financial or living situations. The process begins by petitioning the court for a new, modified court order.
Avoiding Paying Alimony with a Prenuptial Agreement
If you enter a marriage with significant assets or earn more than your spouse, signing a prenuptial agreement can allow you to avoid paying alimony if you get divorced. Under California law, spouses can agree to waive alimony voluntarily through a prenuptial agreement.
For the prenuptial contract to be legally enforceable, both spouses must be represented by an attorney and be of sound mind. The agreement should be drafted clearly and explicitly state the terms regarding alimony, including an alimony waiver clause. Both parties must fully disclose their financial situations. The agreement should be fair and not unconscionable, or it may be challenged in court.
How to Avoid Paying Alimony without a Prenuptial Agreement
In the absence of an agreement waiving alimony, the court will evaluate certain factors to decide if alimony will be granted to the lower-earning spouse and for how long and how much. To avoid paying alimony, you and your attorney should provide evidence showing the following factors:
Your spouse is living with another individual
Your spouse has significant earning potential
Past domestic violence
Your inability to pay alimony
Evidence that your spouse doesn’t need alimony
The marriage's short duration eliminates the necessity for payments
Consulting an attorney familiar with California’s alimony laws can help your case tremendously. Attorney Christopher Heritage will carefully review the circumstances in your case and develop a strategic plan. With a strong case, you may be able to provide evidence showing alimony isn’t necessary or fair in your case.
Contact a Skilled Alimony Attorney in Palm Springs
If you’re facing a divorce, you likely have questions and concerns about the divorce process. At Heritage Legal, we are here to help you understand your legal rights and options and answer any of your questions. Whether you need help avoiding alimony in a divorce with no children or want to change your alimony structure, attorney Christopher Heritage is here to help. Don’t hesitate to contact us to schedule a complimentary, no-obligation case evaluation.