San Jose Spousal Support Lawyer

Determining the Appropriate Amount and Duration of Spousal Support

Facing divorce in California is never an easy task, no matter how amicable you and your soon-to-be ex-spouse may first appear. There are several areas of contention that can arise, and having an attorney on your side during those times is essential. One of the most contended topics in a California divorce is that of spousal support. In these times, no matter the relationship between you and your spouse, the help of a San Jose spousal support lawyer can prove vital.

Reaching a resolution regarding spousal support can be a complicated task. The supporting spouse frequently seeks to minimize any payments, and the recipient usually wants to obtain the best results possible. The law in this area is very complicated and Parties do not realize that an attorney with experience in regularly litigating these cases can make a dramatic difference in the final outcome.

What Is Spousal Support in California?

In many California marriages, one spouse typically is the main breadwinner of the home and earns a higher income than the spouse who stays at home to keep and care for the household and any children. When a divorce occurs, the lower-earning spouse is at a financial disadvantage. In these situations, the lower-earning spouse may petition the courts to decide on spousal support if the couple cannot come to an agreement themselves.

In California, there are two main types of spousal support:

• Temporary spousal support. This kind of spousal support orders payments to be made to the lower-earning spouse until the divorce case has been finalized. As the lower-earning spouse, you can request a temporary spousal support order as soon as your case is filed.
• Long-term spousal support. These support orders are put into place at the end of a case in a final judgment of divorce. These orders can also be known as permanent support orders.

With temporary spousal support orders, the Court typically orders one of the Parties to order support based upon any additional base monthly income (commonly referred to as “Bonus Income”) to the other Party.

Long-term spousal support may or may not include further support payments based on Bonus Income as well, but the Court cannot order such support based upon a temporary support formula.

Spousal support can end once pursuant to the written agreement of the Parties which would need approval by the Court, or the Court issues an order for a date the support payments would end.

How the Attorneys at the Law Offices of Rod Firoozye Can Help

For nearly 30 years, the team at the Law Offices of Rod Firoozye has been assisting clients who face many aspects of divorce, including spousal support. We know how difficult these cases can be and how deeply emotional and uncertain they can feel. We hope to offer confidence as you walk into any courtroom situation.

No matter which party you are — either the spouse seeking the support or the spouse being requested to pay the support — our firm is here to assist you. We can do so by gathering financial information from both you and your soon-to-be ex-spouse and working to calculate the fair amount you may be due to pay or receive. With our team at your back, you can rest assured knowing there is someone on your side, keeping your interests in mind while we fight for your rights.

Calculating California Long Term Spousal Support

Calculating spousal support in California can be a tricky business. There are many factors that can play into the amount you may be able to pursue or that you may be called upon to pay, depending on the income you have made during your marriage. If you and your spouse are not able to come to terms regarding spousal support arrangements yourselves, you will need to go before a judge and have them make this determination for you.

Just like in any other highly contested topic of divorce, the judge will make their determination regarding spousal support, or alimony, based on a list of factors, which a Court will need to consider in issuing a final permanent spousal support decision. Some of these factors include the following:

• Length of the marriage. In many cases, the longer you are married, the more alimony or support you may be entitled to receive or required to pay. In California, there is a presumption that spousal support would end at one-half the length of that marriage. However, in marriages less than 10 years, Courts can order support for longer or shorter than one-half the duration after consideration of other factors. However, marriages lasting over 10 years may have alimony awarded until the death of a spouse or remarriage of the supported spouse.
• Age and health considerations. In certain marriages, a spouse who is older or who is suffering from certain health conditions may have a higher chance of receiving spousal support than a spouse who is younger and given a clean bill of health.
• Contributions to the marriage. In a marriage, both spouses can offer contributions. These contributions can be of a materialistic, supportive, or financial nature. For example, one spouse may give up their career to stay home and care for the children while the other focuses on their career and becomes the main breadwinner of the family. Both actions are considered marital contributions and your attorney can use this in calculations.
• Income and earning capacity. At the end of a divorce case, spousal support will be determined by a list of considering factors thought on by the judge, including the spouses’ ability to make a living wage and support themselves post-divorce. This can be a tricky item to demonstrate to the judge, and our attorneys can help litigate this factor should the need arise.
• Other factors may include a history of domestic violence between the spouses, the obligations and assets of each party as laid out in the divorce decree, any criminal convictions faced by either party, and any possible tax consequences.

Seeking Spousal Support Modifications in California

Life is constantly changing and evolving, which means our needs or the needs of others are as well. In some situations, you may wish to seek the modification of an already existing spousal support or alimony order. In California, if you experience significant enough changes to your daily life, you may wish to request the courts to modify your spousal support agreement. The most common reasons individuals seek to modify a permanent alimony order include:

• The individual who is receiving the payments is no longer in need of financial assistance.
• The individual who is paying the support has experienced a substantial decrease in their income.
• The individual who is receiving the support payments remarries.
• The individual who is paying the support becomes incarcerated.
• Either of the individuals misrepresented their income or assets, and that misrepresentation could have impacted the decision for support.
• The individual receiving the payments does not make a good faith effort to become self-supporting.
• The individual who is making the payments becomes disabled, ill, or retires.

Speak With a Qualified Family Law Attorney Today

In litigating or negotiating support, we need to determine the appropriate amount of support based on various criteria, and also the duration of support (for more information about the duration of spousal support in California, please see our article about support).

We here at the Law Office of Rod Firoozye have extensive experience handling spousal support cases through trial. Furthermore, we have experience seeking modification of such support after final judgment in the divorce proceedings.

We also have extensive experience coming up with creative solutions that could benefit both parties financially by negotiating settlement of issues related to spousal support. Contact our offices today for more information and to schedule your initial consultation with our team.

See Article on Spousal Support