Many people still believe that only women can receive spousal support in a divorce, but this is not true. Alimony in California is based on a few different factors, but gender is not one of them. Spousal support is intended to help a lower-earning spouse who was financially dependent on the higher-earning spouse maintain a similar standard of living after divorce.

Income is a significant factor in determining eligibility for alimony, but it is far from the only consideration. To discuss the criteria that may be used in your case, contact the Certified Family Law Specialist at Sarieh Family Law. Our expertise and long history of advocating for California clients make us a valuable partner during your separation and divorce.

Can Men Qualify for Spousal Support?

California courts do not factor gender or sex into their determinations regarding alimony. Men and women may be eligible to receive spousal support during separation or after divorce if they qualify based on the relevant factors.

Understanding Alimony: What It Is and Why It’s Awarded

Alimony, which is sometimes referred to as spousal support, is money that one spouse pays to the other during separation or after divorce. Temporary spousal support can be ordered before a divorce case is finalized, while long-term or permanent support is ordered at the closure of a divorce. Both types of alimony are intended to address any income disparity between spouses and help maintain the standard of living that the lesser-earning spouse became accustomed to during the marriage.

When Can Men Legally Receive Alimony?

California’s spousal support laws are gender neutral, and both men and women can receive alimony as part of the divorce process. Courts use factors like income, earning capacity, and the length of the marriage to determine if either spouse is entitled to support and to calculate the amount. Temporary support may be available while the divorce is pending and until a final order on alimony can be entered.

Key Factors That Determine Alimony Eligibility in California

There are several criteria that courts will use to make a ruling on spousal support in California. These include the following:

  • Length of the marriage – it is typical for longer marriages to result in more substantial spousal support awards than shorter marriages
  • The spouses’ finances – income, assets, and debts weigh heavily on a court’s decision regarding alimony
  • Each spouse’s contribution to the marriage – financial and non-financial contributions are valuable, including homemaking and childcare
  • Age and condition of the spouses – this is relevant because the age and health of each spouse can affect their ability to support themselves
  • Standard of living while married – a lower-earning spouse should be able to maintain a lifestyle similar to the one they had while married

Decades ago, it was more common for women to receive alimony because they were more often the spouse who filled the role of homemaker and stay-at-home parent. These roles are vital to a household, and that contribution was considered when determining spousal support. However, it is common in society today for both parents or spouses to work outside the home in income-earning roles. It is often the financial aspects – income, assets, earning capacity – of both spouses that determine which, if either, spouse is eligible for alimony.

Examples of Situations Where Men May Be Granted Alimony

There are countless scenarios in which a husband may be granted spousal support in California. Some examples include:

1) After the birth of their child, a husband and wife decide that the wife will return to her high-paying job as a hospital administrator and the husband will quit his teaching job to be a stay-at-home dad. Eight years later, marital issues lead to divorce, and the husband is awarded alimony.

2) A man and woman get married when they are just beginning their careers. Years later, the wife goes back to school to earn a master’s degree while the husband works two jobs so she can complete her degree. She is hired as a project manager for a tech company and makes three times her husband’s income. When they divorced four years later, the husband was awarded alimony because of his contributions to the household and to help him maintain the standard of living he was accustomed to based on the wife’s high income.

3) A husband and wife get divorced after being married for 20 years. Throughout the marriage and at the time of divorce, the wife was the CEO of a multinational corporation. The husband owned a small but successful graphic design studio. Even though the husband’s business was doing well, it would be impossible for him to scale it to the size or earnings of the wife’s corporation. He was awarded alimony because the wife’s income and earning capacity were substantially higher than his.

How to File for Spousal Support During Divorce

The first step for filing for spousal support in California is to submit a formal request by filing a petition with the court. As part of the process, the court will require financial documentation that shows your income, assets, expenses, and debts. You may also need to testify about your marriage, employment, or various other details to present a full picture of your financial situation and eligibility for support.

Consult a Lawyer for Guidance on Alimony Rights

Men are not barred from receiving alimony just because they are men, but there are numerous qualifying factors that spouses of any gender must contend with during a divorce. It’s vital that you have an experienced alimony attorney to help you navigate the complex landscape of California spousal support cases. Contact the Sarieh Family Law today to schedule a free consultation.