Spousal Support / Alimony

Spousal Support

No one likes to be the one that must pay Spousal Support (also known as Alimony). However, Spousal Support is designed to help families transition after a Divorce and may help keep many ex-spouses from becoming homeless, without food or money. In other words, Spousal Support is payments made to one spouse, from the other, in order to equalize the standard of living.

Calculating Spousal Support

After gathering financial information from both spouses, our Attorneys utilize a complex software program to compute, based on a formula, the correct amount of Spousal Support that should be rewarded.

The following are some common considerations that affect the outcome of awarded Spousal Support:

  • Length of Marriage: Generally, the longer you were married, the more Spousal Support you may be entitled to. In California, marriages that lasted less than 10 years will have Spousal Support determined based on one-half (½) the length of the marriage. Marriages over ten 10 years, may have Spousal Support awarded until either the death of one of the spouses or until the receiving spouse becomes “self-supporting”.
  • Income & Earning Capacity: At the end of the case, Spousal Support is determined by a judge’s consideration of facts, such as both spouses’ ability to make a living and support themselves, post-divorce. Our Family Law Attorneys can help litigate the factors, as codified at Family Code §4320.
  • Age & Health: A spouse that is older or is suffering from a health condition may have a better claim for Spousal Support than a spouse that is healthy.
  • Contributions to the Marriage: Both spouses in a marriage, often contribute many things to the marriage. Contributions can be financial, materialistic, or supportive. For example, one spouse may sacrifice his/her career to become a stay-at-home parent to benefit the spouse and the family. One of our detailed oriented Attorneys can help determine which contributions were made by each spouse in order to fight for the correct amount of awarded Spousal Support.
Effective Date of Spousal Support

Usually, Spousal Support commences retroactively, back to the date in which you file a motion for the Spousal Support. So, each day that the recipient spouse has not filed for Spousal Support, is another day without being paid Spousal Support. Therefore, immediately seeking out a Family Law Attorney that is experienced with Spousal Support is extremely important.

Spousal Support Modification

If the living situation or income of yourself or your ex-spouse has changed since the time the support was awarded, you may be entitled to modify the original Spousal Support. A good Family Law Attorney can help determine if a modification is right for you.

Opposing Spousal Support

If you are opposed to paying Spousal Support, there are ways to fight the crippling blow of support debt. It is our job to help ensure your ex-spouse gets back out there, working to his/her full potential and becomes “self-supporting”. Our Attorneys can help so that you don’t spend eternity paying for and supporting your ex-spouse.

Hiring An Experienced Spousal Support Attorney

Spousal Support is not a right and the guidelines in determining the amount and duration are not strict. One of our experienced Family Law Attorneys can help ensure you either receive the proper amount of Spousal Support or that you do not pay more than is necessary.

For assistance on a Spousal Support issue, contact our office today (925-258-2020) and setup a consultation with one of our Family Law Attorneys.

Bay Area Family Law Center Lawyer Blog - Spousal Support
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