Going through a divorce is an emotional and stressful process for any couple. One of the most contentious issues that can arise is spousal support. Whether you are seeking support or may be required to pay it, it is important to understand your rights and obligations. In this article, we will discuss what spousal support is and who may be eligible to receive it.
What is Spousal Support?
Spousal support, also known as alimony or maintenance, is a payment made from one spouse to the other after a divorce or separation. The purpose of spousal support is to help the recipient spouse maintain their standard of living, which they may have become accustomed to during the marriage.
The amount and duration of spousal support are at the discretion of the judge and depends on several factors, including the length of the marriage, the income and earning potential of both spouses, and the needs of the recipient spouse.
Do You Qualify for Spousal Support?
In general, spousal support is awarded to the spouse who has a lower income and needs financial assistance to maintain their standard of living. However, each case is unique, and there is no one-size-fits-all answer to this question.
To determine if you qualify for spousal support, a court will consider several factors, including:
- The length of your marriage, with longer marriages more likely to result in spousal support awards
- The income and earning potential of both spouses, as well as any disparity between them
- The recipient spouse’s financial needs, including their expenses and ability to support themselves
- The lifestyle and standard of living during the marriage, to try to ensure that it is maintained
The court may also consider other factors, such as the health and age of both spouses and any other relevant circumstances.
Do You Need a Lawyer for Spousal Support?
When facing spousal support issues, having an experienced attorney by your side can be a valuable asset. Your attorney can act as your advocate, presenting a strong case on your behalf and explaining how you will benefit from receiving spousal support. They can highlight key factors such as your current income situation, your history of financial dependence on your partner, and your future plans to make a compelling case for spousal support.
Your attorney can also argue against having to pay spousal support if it is not warranted. They can use their legal expertise and knowledge of family law to protect your interests and ensure that any decision made by the court is fair and just. Some lawyers even have access to a network of resources that can help strengthen your spousal support case, including forensic accountants, real estate appraisers, medical professionals, and more.
Contact LPEP Law for Assistance with Spousal Support
At Lonich Polich Ehrlich Policastri, we have extensive experience in spousal support matters in California, and assess each of our client’s marital and financial situations according to California guidelines. With decades of experience handling complex matters of family law, we know what problems arise and how to manage them.
If you have any questions about spousal support or want to discuss your case with our legal experts, contact our office for a free 30-minute consultation. Call LPEP Law on 408-553-0801 or contact us here.
Disclaimer: This article does not constitute a guarantee, warranty, or prediction regarding the outcome of your legal matter.