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Spousal Support and Alimony Lawyers

Both during the pendency of a marital dissolution and after the divorce is finalized, the issue of spousal support, also known as alimony, is crucial for both parties. The supported party is in need of counsel to advocate to obtain funds, alimony/spousal support payments, to provide for spousal maintenance such as standard of living expenses. Our spousal support attorneys will ensure that all orders are fair and balanced.

What Are Spousal Support Factors that Family Courts Take into Consideration?

This issue can be especially complex with non-traditional sources of income or self-employment. While alimony is determined on a case-by-case basis, the court must consider a number of factors in the determination of the appropriate support amount, including but by no means limited to:

  • The standard of living enjoyed by the parties during the marriage
  • A change in circumstances such as income and/or earning capacity of both spouses
  • The needs of the supported spouse
  • Dependent spouses
  • The supporting spouse’s ability to pay
  • Tax considerations such as tax deductibles and taxable income
  • And, if applicable, the best interest of the children which includes child support.

Does the Duration of My Marriage Play a Factor?

In short, yes. California Family Code Sections 4330-4339 calls for short-term and long-term spousal supports orders that determined by the length of a marriage. By the courts standards, a short-term marriage is defined by one lasting less than 10 years. In these situations, court ordered alimony is likely to last 5 years or less, or less than half the duration of the marriage. Under certain circumstances, such as disability, this can be extended.

Marriages that last longer than 10 years are classified as long-term marriages in California. While it is up to the discretion of the family court judge, there is currently no set standard for alimony duration in regards to long-term marriages.

“Indefinite” or “lifetime support” is possible under very certain instances, however the California Family Code requires that the party receiving alimony make an effort to become self-sufficient.

How is Temporary Alimony Awarded?

Temporary alimony, also known as alimony pendente lite, is granted to the supported spouse within the period of separation to divorce finalization. This is done to help the individual transition from the comforts of the marital standard of living.
Both parties should have competent counsel to help navigate the complexity and importance of alimony in family court. Contact Bremer Whyte and schedule a consult with out spousal support attorneys.
Our law firm has offices throughout California located in Newport Beach, Los Angeles, San Diego, Oakland, and Riverside. Nevada offices are located in Reno and Las Vegas. We also provide spousal support and alimony services in Denver, Colorado and Johannesburg, South Africa.