If you are considering divorce, spousal support may be a very important issue. Perhaps you want to seek support from the other spouse. Or, perhaps you want to resist paying support to a spouse unfairly trying to demand it from you. Whatever your situation, an experienced and aggressive spousal support attorney can help protect your quality-of-life and secure a prosperous financial future for yourself.
How spousal support works in California
Spousal support, also called alimony, is a regular payment that one spouse makes to the other spouse for the purposes of equalizing the standard of living of the divorcing spouses. It is frequently awarded in contested divorce cases where there is a disparity of income between spouses. Alternatively, divorcing spouses can also come to a voluntary agreement concerning spousal support.
Types of spousal support
In general, there are two types of spousal support: Permanent support and temporary support. Permanent support will be awarded at the end of the divorce proceedings and into the future. Temporary support is just that — temporary — and mainly designed to maintain the status quo through the duration of the divorce proceedings. Both determinations require careful considerations and a well-reasoned approach.
What factors determine spousal support?
Many factors can have an impact on spousal support determinations, but primarily the courts consider:
• Earning capacity of the spouses
• The standard of living of the spouses
• Prospects for employment and the future earning capacity of the spouse seeking support
• Assets and debts of each spouse
Additionally, the length of marriage is also import in determining the duration of support payments. Generally, for a marriage which lasted less than 10 years, a spouse can receive support for a time-period of roughly half the length of the marriage. For marriages that endured 10 years or longer, the time-period in which a spouse receives support payments can be significantly longer.
Spousal support modifications
If your or your ex-spouse’s living situation or income changed since a spousal support award was made you may be entitled to modify your original spousal support agreement or court order. California courts take into account lower or higher income and will modify support payments if significant changes in circumstances are proved.
Obtaining a high support payment
Oftentimes, spouses are in need of financial assistance if their primary role was as a homemaker or taking care of the children. Other times, one spouse simply makes a lot more than the other. It is important that you have proper legal representation to ensure your standard of living and financial interests are protected during and after a divorce. An experienced family law attorney has the tools and resources to conduct a proper investigation into the other spouse’s assets and sources of income to ensure you receive the full amount of support you are entitled to.
Opposing spousal support
Sometimes a spouse will inappropriately seek support from the other spouse upon divorce. Support is not always merited, and even when it is, some spouses might try to be greedy and seek more than is fair. If you do not know how to properly fight against unreasonable spousal support demands, you may very well find yourself stuck paying an unfair amount for years to come. A good family law attorney can help protect you against this result and fight on your behalf.
Why an experienced Los Angeles spousal support attorney is important
Unlike child support, spousal support is not a right and the guidelines for determining the amount and duration of support are not as strict. There is a lot of opportunity for a knowledgeable and experienced attorney, who is familiar with California law and the preferences of the local courts, to help you obtain a favorable result. Lilian has worked to achieve favorable spousal support results for her clients for years and possesses the expertise necessary to be effective in this area of family law. She is aggressive, responsive, and committed to her client’s objectives. Contact Lilian today at (310) 920-5810 or firstname.lastname@example.org to schedule a free, no-obligation, and confidential consultation.