What Disqualifies You from Alimony in a Divorce?

Posted in Alimony,Divorce on January 5, 2025

Are you seeking a divorce from a spouse who earns significantly more money than you? In California, you may begin collecting alimony, also known as spousal support, after your divorce proceedings if you qualify.

Speak with a divorce lawyer in Carlsbad, CA, about asking a judge to award you alimony. It might help you maintain your current lifestyle despite your divorce.

At the same time, make sure you know how to answer the question, “What disqualifies you from alimony?” Several factors could prevent you from collecting alimony following your divorce in California.

Discover more about them below.

The Length of Your Marriage

When you’re wondering, “What disqualifies you from alimony during a divorce in California?” the first thought that might pop into your head is, “My finances.” However, California divorce courts typically consider another key factor before considering the financial situations of those divorcing.

These courts tend to take the time a couple was married into account, first and foremost. If you and your soon-to-be ex-spouse weren’t married for long, alimony could automatically fall off the table.

California Family Code 4320 — used to set the spousal support ground rules — doesn’t reveal the specific length of time a couple must stay married before one spouse can seek alimony during a divorce. However, generally speaking, marriages must last for over 10 years in California to fall into the long-term category.

If you were married for over a decade, you have a much better chance of qualifying for alimony in a divorce. If your marriage lasted for under a decade, this might be what disqualifies you from alimony?, or you might only be eligible to collect it for a short period.

Your Income

Just because you were married to a higher-earning spouse for an extended time doesn’t make alimony a sure thing. Your income and, maybe more importantly, your earning potential could also play key parts in whether or not qualifying for alimony during a divorce is possible.

California divorce courts will usually start by seeing how your current income stacks up to your spouse’s income on the surface, but they’ll also dig a little deeper. They might analyze why you made less money than your spouse — for example, did your income drop dramatically after you stopped working full-time to raise kids? — and determine whether your income will likely increase after your divorce because of your new circumstances.

Additionally, divorce courts may attempt to project your possible income moving forward. They will do this by looking at:

Your job skills and qualifications
The job market for those with your specific skills and qualifications
Your need for additional education and/or training to qualify for jobs within your field

Difficult as it may be, divorce courts also try to gauge your willingness to re-enter the workforce and eventually achieve self-sufficiency when figuring out whether to award you alimony.

You can demonstrate that you’re putting in the necessary effort to improve your financial situation by enrolling in classes at a local community college or taking advantage of career counseling services. A judge might agree to award temporary alimony as you work toward becoming self-sufficient.

Your Financial Needs

An apparent income disparity between you and your spouse may make it appear that you will struggle to survive the financial impact of a divorce in California. But is this truly the case?

Not necessarily if you’re unable to prove you can’t maintain a reasonable standard of living without your spouse’s income. Even without this income, the money you make might still cover the following:

Your mortgage or rent
Your car payment
Your other monthly expenses (utilities, groceries, clothing, etc.)

This could indicate that you will be self-sufficient after your divorce despite the income disparity during your marriage. It could ultimately be what disqualifies you from alimony? in California.

You and your divorce lawyer must showcase your inability to maintain your marital standard of living through bank statements, tax returns, and other financial records.

Your Soon-to-Be Ex-Spouse’s Financial Needs

You might anticipate your ex-partner living the high life following your divorce, thanks to their high-paying job. However, their financial needs may change once your divorce becomes official.

For instance, they may need to invest in another home if your divorce agreement calls for you to keep the one you lived in together. They could also require childcare services if you share children who will split their time between your two homes.

These expenses could cut into their income and paint a bleaker financial picture for them than the one you’ve envisioned in your head. This might disqualify you from collecting alimony or, at the very least, limit how much a divorce court orders them to pay you or prevent you from collecting it permanently.

Your Alleged Marital Misconduct

On paper, it might look like you’re the perfect candidate to collect alimony after a divorce in California. The length of your marriage, income, and financial needs may suggest that you would benefit from being awarded temporary or permanent alimony.

If, however, you engaged in marital misconduct that contributed to your divorce, this could come back to bite you in a big way when you attempt to collect alimony. Examples of marital misconduct include:

Adultery
Domestic violence
Abandonment
Substance abuse
Financial misconduct
Criminal activity

Outside of issues like infidelity, divorce courts in California also don’t look favorably upon those who try concealing assets during the divorce process to present a false sense of financial insecurity. This could also be what disqualifies you from alimony?.

Your Marital Status

Your marital status will obviously change at the end of the divorce process as you move from being married to single. It might not stay this way for long.

Suppose you decide to explore cohabitation with a new partner or even remarry. In that case, this may change the terms of any alimony a California divorce court awarded you. Living with a new significant other or a remarriage could alter your financial situation again and cause your ex-spouse to take you back to court for an alimony reduction.

A Change in Your Employment and/or Financial Status

Knowing what disqualifies you from alimony isn’t something you should only consider during a divorce. It should also be on your radar following your divorce, especially if your employment and/or financial status changes.

If you’re lucky enough to land a better-paying job, this could limit your ability to continue collecting alimony. Receiving an inheritance or winning the lottery could also impact your finances and suggest you no longer qualify for alimony.

Any significant changes to your employment and/or financial status following your original divorce decree could warrant a return to a divorce court for further alimony discussions.

Learn More About What Disqualifies You From Alimony During a Divorce in California

Going through a divorce is stressful enough. When you’re worried about what disqualifies you from alimony in California, it might send your anxiety levels soaring even higher.

Let Ratzer Dobis help you navigate your way through the divorce process while maintaining a clear understanding of issues like alimony. We will offer guidance and explain concepts like the differences between alimony and child support.