Beverly Hills Alimony Attorneys
Understanding Spousal Support Laws in California
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 marriage. If you’re seeking alimony or need
help getting a fair support agreement, the Beverly Hills spousal support
attorneys at Stolar & Associates, A Professional Law Corporation can
help. With more than 30 years of legal experience behind us, we’re
confident in our ability to provide the direction you need.
How Is Alimony Determined?
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. Our caring legal team has
extensive experience in negotiating alimony orders. As our client, you
can rest assured in knowing that we will work tirelessly in order to secure
the spousal support you need and protect your best interests.
Besides the length of the marriage, other factors the court will consider
when determining permanent or temporary spousal support include:
- The health and age of each spouse
- The extent to which one spouse supported the other spouse in obtaining
a higher education, advanced degree, or career position
- The ability of the paying spouse to provide financial support to the other spouse
- The needs of both parties, including debts and other obligations
- Evidence of domestic violence
- Potential tax issues
- Willingness to prepare for a new occupation
- Balancing factors related to the division of marital assets
The Different Types of Alimony
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. Our attorneys will carefully
evaluate your needs and your situation. We will then work to pursue a
fair and equitable divorce settlement that protects your present and future
In general, spousal support falls into two categories:
Temporary Alimony - Temporary alimony 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 - Permanent alimony 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 CA?
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
our firm, we 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.
Talk to Our Skilled Beverly Hills Spousal Support Lawyers
Under California law, spousal support is based on the ability of each party
to maintain the standard of living that was established during the marriage.
Looking at a number of factors, the court will determine if one party
is in need of financial support, how much the support should be, and how
long the support should last. Determining alimony is an important step
in the divorce process for many couples. Our Beverly Hills divorce attorneys
at Stolar & Associates, A Professional Law Corporation can help you
understand California's alimony laws and how they will apply in your case.
For the answers you need to all your alimony-related questions,
please call us.