Mountain View Alimony Lawyer
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 30 years of experience in Mountain View divorce law.
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.
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.
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.