Santa Rosa Spousal Support Attorney
Spousal Support Lawyers in Santa Rosa Are Here To Help You.
California law recognizes a mutual responsibility between spouses. This means both parties of a marriage are responsible for the financial well-being of each other. In many cases, one spouse is the primary earner for the family, while the other carries other responsibilities. In the event of the divorce, this spouse may have the right to seek spousal support, also called alimony.
Alimony is designed to provide the same lifestyle for each spouse that they enjoyed during the marriage.
HOW IS ALIMONY CALCULATED IN CALIFORNIA?
When determining the amount and duration of spousal support, the court reviews a number of factors. Specifically listed in Section 4320 of the Family Code, these factors include the earning capacity of each spouse, including marketable skills, the job market, and whether training or education could improve a spouse’s earning capacity. That being said, alimony orders are left to the broad discretion of the court, which is why retaining skilled legal representation is so essential.
Other factors the court will consider when determining spousal support include:
- The length of the marriage
- Potential tax issues
- Evidence of domestic violence
- The health and age of each spouse
- Willingness to prepare for a new occupation
- Balancing factors related to the division of marital assets
- The needs of both parties, including debts and other obligations
- The ability of the paying spouse to provide financial support to the other spouse
- The extent to which one spouse supported the other spouse in obtaining a higher education, advanced degree, or career position
Types Of Spousal Supports
California law does not specifically describe the types of alimony. The type of alimony that is appropriate for you will depend on the specific facts in your case. Every situation is different.
In general, spousal support falls into two categories:
- Temporary alimony – This can be used to provide short-term support to a spouse during or after the divorce. This can help the supported spouse get the assistance he or she needs to go back to school or find a new place to live.
- Permanent alimony – This is generally reserved for those situations where a couple has been married for a significant period of time and one spouse is dependent on the other. For example, if a couple has been married for 35 years and one spouse did not work, permanent alimony may be appropriate to maintain the standard of living.
NEED TO ENFORCE OR MODIFY A SPOUSAL SUPPORT ORDER?
In California, you can modify spousal support or change alimony payments if there has been a change in circumstances. This may include long-term unemployment, remarriage, or other factors that require the modification of alimony. You can also modify alimony if child support is terminated. However, there is a limited time to file this type of modification. At my firm, I can help you determine if a modification is needed and guide you through the process of obtaining a modification. We also represent clients who are contesting a modification.
The Importance of HIRING a Spousal Support LAWYER
You deserve the support you need to maintain your standard of living. While it can be tempting to save money and represent yourself, it is not advised. The other parties involved will almost always use legal representation – and you should do the same. An experienced attorney has dealt with hundreds of family law cases in the past and can provide you with the knowledge necessary to achieve a favorable result for you and your best interest. Contact us toady and we can help get you the help you deserve.