Newport Beach Spousal Support Attorneys Protecting Your interests Through Competent Representation
One of the most contested parts of a divorce settlement is spousal support. Also called alimony, this is the financial support that’s due to an ex-spouse after the divorce is finalized and both parties go their separate ways.
Spousal support is often provided by a higher earning ex-spouse or partner to a lower earning ex-spouse to help them meet their financial obligations. In California, this is often different asset and property division. Spousal support is often paid even after assets have been divided by both parties.
Why Do the Courts Award Spousal Support?
California’s courts not only award spousal support to legally married people looking to divorce, they also approve people who are considered married according to common law. This includes people who have cohabited for a long time, same sex couples, and domestic partners.
The courts ensure that the lower earning or non-income earning spouse continues to get their alimony for a stipulated amount of time.
Some of the reasons for awarding spousal support include:
- Ensuring that the spouse is able to maintain their current standard of living
- Compensation for sacrificing their career to care for the family
- The spouse has no marketable job skill, and needs some time to acquire one
- The spouse is still caring for children from the union below the age of 18
How Much Will the Other Party Pay as Spousal Support in Newport Beach?
Monthly alimony payments are often dependent on a few factors, as well as the circumstances surrounding your marriage, and the case. So, there’s no exact figure or range that the court recommends.
How much the higher earning spouse pays in alimony is determined on a case by case basis. To award spousal support, the court will weigh the following:
- The duration of the union
- Current financial conditions and future income potential from both spouses
- Current physical and mental state of both parties
- Current lifestyle and standard of living of both parties
- Age of the spouses
- How long the spouse needs to upgrade their skills, and get a job that’s good enough to help them become self-sufficient
- The financial capacity of a payer to support the ex-spouse and themselves
These are the four major determinants of how much an individual will get as alimony every month. Sometimes, the courts don’t award spousal support. And if they do, the amount is pretty small. This usually happens if the plaintiff earns a lot more than the defendant.
How long an ex-partner has to pay alimony and support largely depends on how long they were married. For unions less than 10 years, alimony will be paid for a maximum of half that duration. So, if you were married for 8 years, you’ll be paid/paying spousal support for a max of 4 years.
But, if the marriage lasted more than 10 years, the duration of alimony payments will be at the court’s discretion. The courts have been known to award permanent spousal support, thus making sure the party receiving the allowance gets alimony for life.
Sarieh Law – Newport Beach Spousal Support Attorney Can Help
There’s a lot more to getting the most out of your spousal support case. Whether you’re the petitioner or the defendant, Sarieh Law Offices’ Newport Beach spousal support and alimony lawyers can help. We can help you negotiate fair alimony agreements and terminations.
For more information, legal advice and help, call Sarieh Law Offices, ALC at (949) 542-6209 for a free 30-minute case evaluation today.