Alimony

When people go through a divorce, both parties generally have a lower standard of living as a result. This happens because the combined income that previously covered one household must now cover two separate households. Everyone is affected by this decrease in standard of living, including the children. When one party finds he or she is unable to make ends meet, he or she is entitled to assistance from the higher-earning party. I assist my clients in obtaining the financial assistance they should be receiving from the higher-earning party. If I represent the higher-earning party, I advise him or her as to what financial assistance he or she should be giving in order to avoid a costly court appearance. If the higher-earning party insists on fighting over support, there is a risk that he or she will be responsible for the lower earner’s attorneys’ fees for not stipulating to the amount he or she should be paying. 

If there is no agreement by the parties to a guideline spousal support (alimony) amount, a request must be filed with the court to obtain a spousal support order. This is important to the lower-earning party because absent the request with the court, he or she is not entitled to receive back alimony prior to the date the request is made. It is also important to the higher-earning party because alimony is only tax-deductible by the paying party, if it is paid pursuant to a written agreement or court order.  

In California, there are two types of spousal support awards: temporary and permanent. Temporary spousal support is ordered while the divorce action is pending. Temporary spousal support is generally higher and attempts to maintain the status quo of both parties. Permanent spousal support is ordered after the judgment and is generally lower because it takes into account the earning capacity of both parties, the ability to pay of the paying party, and the reasonable needs of both spouses, along with a number of other factors set forth in the Family Code.

In California, a long-term marriage is anything over 10 years. If there is a long-term marriage, then the court usually retains jurisdiction over spousal support for life. Anything under 10 years requires the court to provide notice that the supported spouse is expected to become self-supporting within a reasonable time, which is generally one-half the length of the marriage.

It’s important to hire an experienced family law lawyer who understands how to arrive at the right amount for temporary and permanent spousal support, especially in areas where the spouses are not simply W-2 employees. If a spouse’s earnings include business income, income from investments, real estate income, partnerships or other nontraditional employee compensation, I offer clients the expertise with my finance and real estate background to ensure that the proper amount is awarded.