Understanding Spousal Support In California
A difficult issue in divorce or legal separation is the idea of spousal support. California law does not provide the specific guidelines for calculating spousal support that it does with child support determinations. Spousal maintenance, often referred to as alimony, is not necessarily automatic under California law. Judges are given broad discretion on whether to order spousal support. The duration and amount of alimony may also vary based upon a variety of factors.
Whether you are seeking alimony or want to avoid or reduce your spousal support obligations, you need to work with a skilled lawyer who knows how to fully investigate the facts, frame the issue for the judge to understand and present a solid case to protect your financial interests. Our experience includes obtaining results for clients facing divorce or legal separation and individuals who need to have a spousal support order modified to reflect changes in circumstances.
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Since 1960, Hoover ♦ Krepelka, LLP, has provided residents of the San Francisco Bay Area, San Jose, Silicon Valley and Santa Cruz County with exceptional family law representation. Our business model puts our clients first. That means, when you arrange your legal strategy session with one of our attorneys, we will fully review your circumstances, discuss your goals and concerns, and provide you with straightforward, honest advice concerning your legal options based on our expansive experience.
Family court judges may order two basic form of alimony:
- Temporary spousal support to maintain the status quo while a case remains pending
- Permanent, or long-term spousal support, as a part of the final judgment
Judges weigh a range of factors in making decisions concerning alimony payments. A non-exhaustive list of considerations includes:
- The relative standard of living of the spouses during the marriage
- Assets and separate property of each spouse
- Earning capacity of each spouse, including potential imputed income
- Job skills, need for job training and job market available to the recipient of support
- The age and health condition of each spouse
- Any history of domestic violence
- The duration of the marriage
Our team approach to solving family law problems includes providing you with thorough analysis of every detail and a full assessment of your goals. We use this information to craft an individualized strategy to serve your interests.