Men’s Rights Regarding Spousal Support in California

By Gerald A. Maggio, Esq.

Spousal support Orange County; California Divorce MediatorsSociety and the courts have traditionally always favored women in cases of divorce settlement. It is usually the woman who claims alimony from her spouse post-divorce. But in reality, this is not a fair method of determining who has to pay spousal support to whom. In a marital relationship where the wife is in a better financial position than the husband, the wife may be required to pay alimony to her ex-husband.

Men’s rights regarding alimony in California and factors considered while determining alimony amount

The divorce and spousal support laws in California are fair and unbiased and focuses on the financial position and strength of each spouse and not the gender of each spouse. California laws take into consideration the net assets and liabilities or debts of both spouses before determining who has to pay alimony and the amount payable.

Husbands who are getting divorced in the State of California enjoy full rights granted by the law to receive alimony or spousal support from the other party. Some factors that determine the amount of alimony that the husband will get from his wife are the husband’s income from his current job, his income earning capacity, his health and lifestyle, his nature towards his wife during the marriage – whether there were any signs of physical, mental or emotional abuse or domestic violence. All these factors are taken into consideration by the civil court before calculating the alimony payable by the wife to the husband and to make sure that the spousal support terms and conditions are fair, just and equitable.

Husbands also have the right to receive temporary or interim spousal support from their wives if they can prove their poor financial situation. The judge will consider factors such as the husband’s debts, income, and expenses, as well as the current financial burden on their wife and determine an alimony amount which the wife will have to pay to her husband throughout the course of the divorce proceedings to financially support and take care of him.

Short-term spousal support?

If the marriage has lasted less than 10 years then the husband can claim short-term spousal support from his wife if he can prove his financial needs to the judge or family court. The same factors are taken into consideration in determining alimony.

Long-term spousal support?

A marriage that has lasted more than 10 years is considered to be a long-term marriage in the State of California and hence the husband can claim a larger spousal support amount from the wife after a divorce. Again, the judge takes the same factors into consideration before determining the amount of spousal support payable to the husband.

The husband also has the right to enter into a mutual stipulation or agreement with his wife for the amount of spousal support payable without the interference of the court. But this is only if the husband and wife are still on good terms after the divorce and can cooperate and negotiate with each other by themselves or with the help of legal representatives without the need of external interference by the courts.

To learn more about the divorce process in California and how mediation can help, please visit our page, What is Divorce Mediation