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Alimony is a complex part of divorce that requires an understanding of related California laws. If you wish to speak to an attorney in Mountain View about alimony in more detail, contact the Schoenberg Family Law Group, P.C. We have nearly 40 years of experience in Mountain View divorce law.
Alimony is a complicated part of divorce law in California. As either the party requesting alimony to help you maintain your current standard of living or the higher-earning spouse, it can benefit you to hire an attorney to represent your rights and interests. You can focus on building your future while your lawyer takes care of complex legal issues for you, including calculating alimony, filing the required paperwork, gathering documents, hiring financial professionals and negotiating with your spouse’s attorney to achieve a settlement.
Alimony, known as spousal support in California, is a financial award sometimes granted to one spouse to enable him or her to maintain the standards of living he or she grew used to during the marriage. If one spouse took care of the family instead of pursuing a career, for example, that spouse may be eligible for spousal support from the family’s breadwinner after a divorce. A spousal support award can allow one parent to maintain his or her current living conditions even after separating from the higher-earning spouse.
Spousal support is not a guarantee in a California divorce case. Before a judge orders spousal support in Mountain View, he or she will reference state laws. California Family Code Section 4320 lists many factors the courts must consider before ordering someone to pay spousal support in a divorce or legal separation. Whether how much each spouse makes is enough to maintain his or her typical standard of living post-divorce.
If you wish to seek spousal support during your divorce or legal separation in Mountain View, you or your attorney will need to submit the proper paperwork to the courts. A judge will review the specific facts of your case to determine spousal support. Once ordered, the paying spouse will have to meet his or her spousal support obligation for the required amount of time.
Ultimately, the amount to assign in alimony is up to a judge’s discretion. This is why online calculators often give inaccurate results. There is no one amount that is automatically applied to every married couple. Instead, each spousal support award varies based on the unique circumstances. With that said, you may be able to estimate how much you could spend or receive in alimony with assistance from an attorney.
A lawyer in Mountain View can help you understand the state’s alimony laws and how they may apply to your case. Your lawyer can calculate what your case might involve in spousal support by determining the higher-earning spouse’s net income, subtracting the recipient’s net income, and calculating the percentage of this income (after child support) that he or she will have to pay in alimony. With help from an attorney, you may be able to gain a better understanding of what alimony will look like in your case.
One of the factors the courts must consider when ordering child support in California is the goal of the supported party eventually becoming self-supporting. The majority of spousal support awards in California are temporary, meaning they will only endure for an amount of time that is reasonable for the recipient to become self-supporting.
In general, a reasonable amount of time is equivalent to half the length of the marriage. However, it is a court’s discretion to give a spousal support order with a longer or shorter duration. The only exception is in the case of a marriage of long duration under Section 4336 of the Family Code. If the marriage lasted 10 years or longer, a permanent spousal support order is possible.
Yes, under certain circumstances, you can modify a spousal support order in California. The courts require a valid reason to make the modification. These reasons often have to do with the financial resources of either the recipient or the paying party. If the higher-earning spouse suddenly loses his or her job, for example, this may be a reason to modify or end a spousal support order early. If the recipient gets a job or remarries, this could also be a valid reason for alimony modification.
The easiest way to modify an alimony payment in Mountain View is by working with your ex-spouse and coming to an agreement. If this is not possible, you or your attorney must submit a request to the same courthouse that issued the original order. This request must be accompanied by an explanation and relevant proof. If you believe that your ex-spouse is not making a good-faith attempt to become self-supporting, for example, you will need to provide evidence of why you believe this for a court to alter your alimony order. A divorce lawyer can help you present the correct information at court.
Alimony is a complex family law subject that you may need assistance with to fully understand. There are resources available in Mountain View and Santa Clara County that can help. If you cannot afford to hire an attorney or pay for an initial consultation, you can turn to the Family Law Facilitator’s Office for free services in Mountain View. You can call (408) 882-2926 to speak to someone about your alimony issue or submit a question online. The California Courts also have spousal/partner support self-help information and a live chat option. The Schoenberg Family Law Group, P.C. is always available to answer your questions and provide legal counsel about alimony, as well.
Many different factors could impact whether you are eligible for spousal support/alimony in your Mountain View divorce case. These factors include your age, health, income, work history, the duration of your marriage and whether there is a prenuptial agreement. Learn more about your eligibility for alimony during a consultation with a lawyer from the Schoenberg Family Law Group, P.C. Request your meeting online or call us directly at (415) 213-2651 for more information.
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Debra Schoenberg was named a Fellow of the American Academy of Matrimonial Lawyers (AAML)
Designated as a Certified Family Law Specialist by the State of California Board of Legal Specialization
Board-Certified Family Law Trial Specialist by The National Board of Trial Advocacy (NBTA)
One of California’s Top Family Lawyers for five consecutive years: 2022–2026
SFLG Voted #1 Family Law Firm in California for six consecutive years: 2021 - 2026
One of the Best Places to Work in the Bay Area by San Francisco Business Times
“My goal is to preserve your dignity and your humanity throughout what can be a very difficult and painful process, while at the same time achieving a favorable outcome on your behalf.”
Over 400 Years of Collective Family Law Experience
Debra R. Schoenberg
Owner & Founder
Lily Huang
Senior Associate
Kimia Kojouri
Associate
Miho Takarada
Senior Counsel
