San Jose Spousal Support Attorney
No one gets married with the thought of the relationship ending one day. But with a divorce rate in higher than the national average of around 50 percent, California sees more than its fair share of marital dissolution. And while a clean, uncomplicated split may be the ideal scenario for everyone involved, it doesn’t always work out that way.
If one party is seeking alimony, known as spousal support in California, then you will likely go before a judge to work out the details. A variety of different factors must be considered before spousal support payments are determined, and it’s always in the best interest of both parties to retain an experienced alimony / spousal support attorney for guidance.
Whether you have been ordered to pay alimony to your former spouse, or you are seeking spousal support payments moving forward, the complexity of the law makes it challenging to navigate alone. When you enlist the help of our San Jose divorce attorney, you can look forward to a smooth process, a fair outcome and peace of mind knowing we have your best interests at heart.
Which Factors are Considered When Determining Spousal Support in San Jose?
When determining whether alimony should be ordered and deciding on an amount, the court will take several factors into consideration. It can be a comprehensive process, with an exhaustive analysis of all relevant information.
Some of the factors that the court will take into consideration include:
- Duration of the marriage
- The standard of living the couple had during the marriage
- The age and health status of each spouse
- Income and expenses of each spouse
- Any properties that are owned or shared by the couple
- Earning potential for each spouse; including marketable skills and job training or education required
- History of domestic violence, if any
- Tax liabilities for each spouse
- Any assets owned separately
- The ability of each spouse to support themselves
- How the custodial parent’s job affects minor children
Once Spousal Support Has Been Ordered in San Jose
Once an alimony judgment has been ordered, modifications are not easy to make. The amount of spousal support that must be paid and the duration of payments can only be adjusted if a change in circumstances can be shown to the court.
This may include the party that is receiving payments remarrying, an event that renders the spouse making payments unable to continue, or the death of either party. In some cases, the parties may agree that the spousal support order cannot be modified or terminated regardless of the circumstances.
Choosing an Experienced San Jose Alimony Lawyer
In most cases, all both parties want is a fair judgment. However, given the nature and complexity of the process, it’s always wise to enlist the help of a proven alimony lawyer before you begin. At the Schoenberg Family Law Group, P.C., we have over three decades of experience helping people just like you in the San Jose area.
Whether you are paying spousal support or receiving it, we will work diligently on your behalf to get a fair settlement. We also offer assistance to clients that want to modify their current alimony order. Contact us today online or call 415-834-1120 in San Jose for a consultation with one of our alimony / spousal support lawyers.