Am I entitled to spousal support in my divorce?
Spousal support, also known as alimony, depends on several factors including the length of the marriage, each spouse’s income and earning capacity, the standard of living during the marriage, and the ability to pay.
Courts evaluate statutory factors when determining long term support. Temporary support may be calculated using guideline software during the divorce process.
How likely is it that I will collect the full amount owed under a divorce judgment?
The likelihood of collecting unpaid support depends on several factors, including:
- Whether the other party is employed
- Whether they own real estate or other assets
- Whether they receive bonuses, commissions, or inheritances
- Whether enforcement tools are already in place
California provides powerful enforcement mechanisms, including:
- Wage garnishment
- Bank levies
- Property liens
- Tax refund interception
- License suspension
- Contempt proceedings
Even if the other party currently lacks income, support arrears remain enforceable and do not disappear. If their financial situation improves later, collection efforts can resume.
Does interest accrue on unpaid spousal support?
Yes.
Like child support, unpaid spousal support (alimony) also accrues interest at 10% per year on any overdue amounts.
Each missed payment becomes a judgment by operation of law, and interest begins accumulating from the date the payment was due.
Because interest compounds annually on the unpaid principal, long-term nonpayment can result in substantial additional financial exposure.
If my former spouse receives an inheritance, can I collect unpaid support from it?
Potentially, yes.
If your former spouse receives an inheritance and you have an existing support judgment or arrears, those funds may be subject to collection efforts.
Once inherited funds are distributed to the individual:
- A writ of execution may allow levy on bank accounts
- A lien may be placed on inherited real property
- Other enforcement remedies may apply
Timing and proper legal procedure are critical. If you are aware that your former spouse is about to receive a substantial inheritance, acting quickly can improve your chances of recovery.
Get Clarity Before You Agree to Spousal Support Terms
Spousal support can impact your long-term financial stability. Whether you are seeking support or responding to a request, informed strategy is essential.
Schedule a Free Consultation to protect your financial future.
