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 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.
Alexis helped me get through the worst time in my life and I was very grateful to have her as my attorney. She has a very approachable personality which made me feel relaxed and comfortable. Not only is she very bright, but she also genuinely cared about my case. She was always very responsive and engaged. I highly recommend her and I could not have asked for a better attorney.
Michael
I just want to say how much I appreciate Alexis and all she has done for me over the year. It felt like it was never going to end, but I'm so happy this is now finally closed out and I can move on with my life. I can't imagine having survived it without you!
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
Natalie
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.
Rosella
From the very beginning of reaching out for a consultation I have felt so at ease, the response back from everyone is so fast and relieving. Alexis Revelo has been by my side every step of my case, I cannot say enough positive things about Alexis!! Her knowledge and compassion has made this stressful time for me a lot more manageable.
Melissa
Samantha was great to work with on my case. Her attention to detail and legal advice every step in the process helped considerably in the final six months of my case.
Brett
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