No one ever plans on getting divorced when walking down the aisle. If a marriage does end in dissolution, most couples desire a clean break. This is often not possible, however, due to complicated issues such as child custody, child support and alimony. A court order may tie you to your spouse by making it mandatory for one of you to pay the other for a specific amount of time. If a judge awards alimony in your divorce case, this type of payment could be temporary or permanent.
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 more than 35 years of experience in Mountain View divorce law.
Why Choose Us
- Debra R. Schoenberg is a Certified Family Law Specialist, meaning she is highly experienced in family law and alimony matters.
- We know how to handle alimony cases that involve complex financial issues and high-value marital estates, as well as those with prenuptial agreements.
- Our attorneys are committed to fairness and equity. We will help you achieve a fair outcome whether you are the higher-earning or lower-earning spouse.
- Our lawyers will keep you updated and informed about the status of your alimony case in Mountain View throughout the way.
Mountain View Alimony Lawyer Quick Links
- Why You Need A Lawyer
- What Is Alimony?
- Factors That Determine Spousal Support
- Average Alimony
- Are Spousal Support Orders Permanent?
- Alimony Order Modifications
- Spousal Support Resources
- Contact Our Team of Alimony Attorneys
Why You Need an Alimony Lawyer in Mountain View, CA
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.
What Is Alimony/Spousal Support?
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.
What Factors Do the Courts Consider in Determining Spousal Support in Mountain View?
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.
- The marketable skills of the party seeking spousal support.
- Whether the supported party could get a job without interfering with the interests of dependent children.
- The resources and time it would take for the supported party to acquire marketable skills.
- Whether past unemployment is due to the supported spouse performing domestic duties.
- Each party’s assets and debts, including separate property.
- The number of years married.
- Each spouse’s age and health.
- Any history of domestic violence.
- Any criminal convictions related to domestic abuse or child abuse.
- The related tax consequences to each party.
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.
What Is the Average Alimony Amount in Mountain View?
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.
Is a Spousal Support Order Permanent in Mountain View?
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.
Can You Modify an Alimony Order in Mountain View?
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.
Spousal Support Resources in Mountain View
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.
Contact an Experienced Mountain View Alimony Lawyer
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.