Spousal Support In California
In litigated divorces, judges have considerable discretion in how they award spousal support to the spouse with a lower income. Ideally, spousal support, also known as alimony or spousal maintenance, assists the lower earner for a time by continuing the support they received from their spouse during the marriage. However, spousal support can become an issue in divorce negotiations if either spouse seeks to use it as a means of retaliation.
My firm, the Law Office of Stuart E. Bruers, serves divorce clients across Southern California, including Los Angeles County and the South Bay. I will listen to your side of the end of your marriage and discuss your financial constraints. I will use what I learn to advance your legal and lifestyle needs, and promote the best interests of your children, if they are involved in your divorce case.
Keys To Understanding Spousal Support Determinations
If you and your ex can agree on spousal maintenance payments on your own or through mediation, you have the ability to craft an agreement that works for both of you. If a judge must determine the alimony amount and the length of payment, many factors are involved, including:
- Whether the support being calculated is pre-judgment (before the divorce is finalized) or post-judgment
- The earning capacity and income of each spouse
- The age, medical condition and mental health of each spouse
- The length of the marriage (especially if it was longer than 10 years)
- The balance of hardships for each party to the marriage
- Any documented cases of domestic violence within the marriage
- The obligations, assets and separate property of each spouse
Even in cases where the marriage lasted more than 10 years and the earning potential of the lower-income partner is not robust, the courts have tended not to favor lifetime alimony determinations. You can help me to keep your spousal support dispute behind the scenes and out of court, in your control rather than that of strangers, whenever possible. An agreement that you and your spouse both agree to and comply with can serve to prevent future litigation after the divorce decree is issued.
Contact My Firm Today For Spousal Support Representation
To learn more about the alimony question you have, call my Torrance family law office today at 310-856-9834 or use my email contact form. Find out how a seasoned, understanding attorney’s assistance can make a huge difference in your present and future.