Alamo Spousal Support Lawyer

Alamo Spousal Support Attorney

Getting divorced is often painful, confusing, and overwhelming. Nobody ever enters into a marriage expecting to get divorced. If it happens to you, you can feel defeated. Nevertheless, it is vital to your own financial security that you take steps to protect yourself in the event of divorce. You want to make sure you are going to remain financially stable. To ensure you receive spousal support, you should reach out to an Alamo, CA, spousal support lawyer.

At Tierney Law Group, PC, our team of experienced Alamo family law attorneys can provide you with the right answers when it comes to understanding how spousal support works and whether or not you qualify for it in your divorce. The last thing you want in your divorce is to be caught unprepared for any element. You will want someone in your corner who understands what’s at stake for you and is prepared to protect your interests, even if you need help modifying an existing agreement.

Spousal Support in California

Spousal support, also commonly called alimony, is additional financial help that’s ordered by the court for a higher-earning spouse to pay to the lesser-earning spouse in certain situations. Not every divorce is going to result in one spouse paying alimony to the other, but it is a common element in a divorce case in, especially if one spouse has been financially dependent on the other for most of the marriage. There are primarily two types of spousal support you can receive:

• Temporary spousal support. This form of spousal support is only ordered to be paid throughout the duration of the divorce process. It is not a long-term solution, but it makes sure the lesser-earning spouse has some form of financial stability while they are dealing with the divorce process. Depending on the situation, it may continue after the divorce has been finalized. The court can modify the agreement as needed.
• Long-term spousal support. This form of spousal support is often awarded to the lesser-earning spouse for an indeterminate amount of time. The goal with long-term spousal support is for the lesser-earning spouse to be provided with enough financial security to acquire the right training and/or education to become self-sufficient.

There is often no telling how long spousal support will last, as the judge has the final say on how long the support will last, how much will be paid, and whether support is reasonable in the first place. Spousal support usually ends automatically when the lesser-earning spouse either enters into a new committed relationship or dies. Gender is not a contributing factor when determining spousal support.

Factors That Determine the Spousal Support Amount

There is no official set amount that a judge will decide on for spousal support in multiple divorce cases in Alamo, CA. The amount is always unique to each individual situation. Since every divorce case is different, there are always going to be different contributing factors that determine the amount of spousal support someone will receive as part of their divorce settlement. Here are some of the contributing factors:

• Standard of living. One of the common goals in a divorce is to maintain one’s standard of living that they had during their marriage. This isn’t always easy to accomplish, but pursuing it is commonplace. When determining spousal support, the judge will take into consideration the lesser-earning spouse’s former standard of living and their current one during the divorce.
• Earning capacity. To determine how much one spouse should pay in spousal support, the judge will have to consider each spouse’s earning capacity. To do this, the judge will take into account each spouse’s education level, job experience, specialized training, and marketable skills. If one spouse has had to give up their career to be a parent or stay-at-home spouse, that will likely affect the judge’s decision.

FAQs

Q: How Do I Fight Spousal Support in California?

A: If you want to fight spousal support in California, you should reach out to an experienced spousal support lawyer who can help you figure out a path forward for your case. To challenge spousal support, you will need to get a court order to modify existing alimony payments. Requesting an order can be a complex process, but your lawyer can help you through it.

Q: Is There a Statute of Limitations on Spousal Support in California?

A: No, there is not a statute of limitations on spousal support in California. The court order for spousal support will be in effect until all required payments are made or the court determines that spousal support is no longer necessary. Support may end automatically if the receiving spouse remarries or dies. Additionally, if the couple had previously made an agreement about when spousal support would end, and the court agreed with it, that would end spousal support.

Q: What Are the Factors for Spousal Support in California?

A: There are many different factors that are going to influence the judge’s decision to grant one of the spouses extra help in the form of spousal support. Some of these factors include the length of the marriage, both spouses’ respective incomes, and each spouse’s standard of living during the marriage. Every divorce case is different, and some cases may have different factors that could influence spousal support.

Q: Who Enforces Spousal Support in California?

A: Spousal support in California is enforced by the family court. Spousal support is a court-ordered series of payments determined by a judge and enforced by the court. If you fail to make these payments, you could be held in contempt or suffer additional legal penalties, such as jail time, hefty fines, and even a suspension of your driver’s license.

Contact a Spousal Support Lawyer Today

Dealing with a divorce can be stressful enough without having to figure out spousal support payments, too. If you surround yourself with the right people, such as legal professionals who know what they’re doing, you can come out of your divorce with a plan forward. At Tierney Law Group, PC, we can help you make informed decisions about your spousal support situation. Contact us to speak to someone about your case.