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.
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 alimony 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.
Contact Feak & Revelo, LLP today or call (408) 501-8883 to
schedule a free consultation with a Spousal Support Attorney in San Jose, California!
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Contact Our Alimony Attorney at Feak & Revelo, LLP
The San Jose family 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.
Frequently Asked Questions:
What is spousal support in California?
Spousal support, often called alimony, is financial assistance that one spouse may be required to pay to the other during or after a divorce. In California, it helps maintain the lower-earning spouse’s standard of living that they were accustomed to during the marriage.
How is spousal support determined in San Jose?
Spousal support in San Jose is determined by various factors, including the length of the marriage, each spouse’s income, their standard of living during the marriage, and the ability of the lower-earning spouse to become self-sufficient. Courts also consider age, health, and contributions made to the family, such as child-rearing or supporting a spouse’s education.
Can spousal support be modified?
Yes, spousal support can be modified if there is a significant change in circumstances, such as a job loss, an increase in income, or a change in the recipient’s financial needs. To modify spousal support, you must file a formal request with the court.
How long does spousal support last in California?
The duration of spousal support typically depends on the length of the marriage. For short-term marriages (less than 10 years), support may last for half the length of the marriage. For long-term marriages (10 years or more), spousal support may last until the court determines that the receiving spouse is self-sufficient.
What happens if my ex-spouse refuses to pay spousal support?
If your ex-spouse refuses to pay court-ordered spousal support, you can take legal action. The court may enforce the order through wage garnishment, liens on property, or other enforcement actions. Our experienced attorneys at Feak & Revelo, LLP can help you enforce the spousal support order.
Can spousal support be waived in a divorce agreement?
Yes, spousal support can be waived if both parties agree during the divorce settlement. However, the waiver must be clearly stated in the divorce agreement, and the court will review the terms to ensure fairness. At Feak & Revelo, LLP, we can guide you through the negotiation process to protect your interests.
What if I need temporary spousal support during the divorce process?
If you need financial assistance during the divorce proceedings, you can request temporary spousal support. The court will evaluate the financial needs of both parties and may grant temporary support to help maintain financial stability while the divorce is finalized.
Can spousal support be part of a prenuptial or postnuptial agreement?
Yes, spousal support provisions can be included in both prenuptial and postnuptial agreements. These agreements can outline how spousal support will be handled in the event of a divorce. At Feak & Revelo, LLP, we can assist you in drafting or reviewing such agreements to ensure your rights are protected.
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Michael
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Thomas
Samantha Feak was my attorney and she worked her butt off for me! I am proud to say that as of today I am finally divorced, and I couldn't have done it without her. She fought for me when I felt like I didn't have the strength to fight for myself any more, and she got it done. She made sure my divorce included a much needed restraining order to keep me safe from the physical and emotional abuse, and harassment from my ex husband. I cried tears of happiness when I got the call this morning it was finally
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I am thankful for Samantha, she is so calm yet impactful whereas I felt totally overwhelmed. I admire her abilities, and I’m very thankful for guidance in court.
Renee
Alexis was an amazing attorney in my divorce case. I had a highly litigated and contested case. She has been in my corner since the beginning, and assisted me every step of the way. I could not imagine what my situation would be like if Alexis was not leading the ship!
Ally
Samantha is the best thing to happen to my daughter and I. She helped me understand the crazy tactics of my ex and helped the court understand why I needed custody of my daughter. I am so lucky to have her as my lawyer.
Emil
Attorney Revelo is professional, thorough, and smart. She understands all the nuances of the law regarding Divorce and Separation and I am grateful she took my case. She is efficient and caring all at once. I was able to get my divorce finalized in a little over six months. She made a court date and personally oversaw the final judgement. She is trustworthy, fair, and ultra-competent. I would recommend her to anyone seeking a divorce or separation. Attorney Revelo embodies excellence in her field of law.
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