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Spousal Support Attorney in San Jose, California

In Need of a Spousal Support Lawyer in San Jose?

The financial transition to being two separate households can be difficult, especially for a spouse that has either given up or put a career on hold while raising children or supporting the other spouse advance their career.

Our attorneys at Feak & Revelo, LLP can help and assist you with understanding the types of support awards a Court can make, the length of the awarded, and how support is calculated.

Schedule a consult with Feak & Revelo, LLP by calling (408) 501-8883.

Spousal Support Law in San Jose, CA

Types of Spousal Support

There are two different types of spousal support awards a Court may award in any case: temporary spousal support and permanent spousal support. With each of these, the Court applies different standards when making orders.

An order made for temporary spousal support is made to keep the parties at their current status quo. For this reason, the Courts will utilize the parties’ current income when analyzing and making an order for temporary spousal support. This temporary spousal support is meant to continue on only until Judgment is rendered in a case. Hence the term “temporary spousal support.”

In contrast, when making an order for permanent spousal support, the Court must investigate thoroughly the factors set out in Family Code section 4320. Family Code section 4320 sets out the following factors for the Court:

  • Marketable skills of the supported party, the job market for his/her skills, whether any further education or training is required to make the supported party more marketable
  • The extent to which the supported party’s present or future earning capacity is diminished due to periods of unemployment due to tending to domestic duties, which in turn allowed the other party to advance their career
  • Contributions to supported party may have made that allowed the other party to obtain education, training, or a career position
  • The ability of the payor to pay spousal support after accounting for their earning capacity, their income, assets, and expenses
  • The needs of each party based on their marital standard of living
  • The assets and debts of each party
  • The length of their marriage
  • Whether the supported party’s employment will interfere with the needs of any minor children in the case
  • The age and health of both parties.
  • Whether there has been any documented evidence of domestic violence
  • Whether there has been a criminal conviction of an abusive spouse
  • Tax consequences of both parties
  • The balance of the hardships of both parties
  • A “catch all” factor that allows the Court to consider any other factors that are just and equitable

Length of Spousal Support

Temporary spousal support is provided during the pendency of the divorce and until Judgment is reach. The length of permanent spousal support is dependent on the length of the marriage and highly specific to each individual case.

Modification of Spousal Support

Spousal support whether temporary or permanent is often modifiable, but based upon why the party is seeking modification. For example: was a party laid off? Is one party now making more income? Is a party retiring? These may be reasons in which a Court may order modification of spousal support.

Navigating spousal support issues can be a complex and emotional process. If you find yourself in need of spousal support, hiring an attorney with a focus on this area is crucial. A knowledgeable spousal support attorney can guide you through the legal requirements and ensure that your rights are protected whether it be through settlement or litigation. They will help you understand the factors that influence spousal support decisions, including the duration of marriage, income disparities, and the standard of living established during the marriage.

Your attorney will work diligently to advocate for a fair spousal support arrangement, whether you are seeking support or responding to a request from your spouse. They will assist in gathering the necessary financial documentation to present your case effectively. Having an attorney by your side can alleviate the stress of settlement or litigation, allowing you to focus on your emotional wellbeing during this challenging time. With their support, you can navigate the complexities of spousal support with confidence.

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Contact Our Spousal Support Attorney at Feak & Revelo, LLP

The spousal support lawyers at Feak & Revelo, LLP are adept in working on behalf of their clients, no matter whether they are the supported party or the supporting party. Spousal support is a complex issue, but with the assistance of the lawyers at Feak & Revelo, LLP, you will be able to navigate it with ease. Feak & Revelo, LLP, can help you understand what to expect and the best steps for your situation. Contact us online or call (408) 501-8883 to discuss your options.

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