Attorney Guiding You Through The Spousal Support Process
Spousal support, also known as spousal maintenance or alimony, is generally one of the most uncertain aspects of divorce in California. While there are legal tests, formulae and rules governing who receives what, how much, and for how long, different judges can rule on the same issue in different ways. To secure a positive outcome, you need to hire an experienced attorney.
Elaine Ryzak Fraser of Harris and Fraser has more than 40 years of family law experience. To set up an appointment at our office in Burlingame, call 650-389-9036.
Factors Considered And Types Of Alimony
Spousal support consists of monetary payments made from one former spouse to another under certain circumstances. Depending on the specific financial circumstances of the party seeking payments and the party who is to make them, the amount of alimony varies from case to case. Likewise, the length of the marriage and the ability of the recipient spouse to make a living of his or her own can greatly affect the alimony order.
Examples of typical spousal maintenance include:
- Temporary spousal support: This type of alimony attempts to maintain the standard of living of the recipient while a divorce is pending. Temporary support is typically higher than long-term spousal support.
- Long-term support: Awarded in longer marriages as a monthly payment that may continue until the recipient’s death, remarriage or cohabitation. Awards and duration are based on several different statutory factors, including, but not limited to, income disparity, earning capacity, accustomed lifestyle, age, health, employability and career sacrifices during the marriage.
Attorney Fraser is experienced at accurately calculating the appropriate amount of alimony required in a given case. To avoid unnecessary expense and prolonging the divorce process, we invite you to learn more about alternative dispute resolution options.
Temporary Spousal Support Vs. Long-Term Spousal Support In California
Spousal support can serve different purposes during a divorce. In California, temporary support may be available while a divorce, legal separation or related case is underway. Temporary support can help one spouse meet daily financial needs during the case. This support can be helpful when one spouse has a higher income or more financial resources. The amount of temporary support does not always match the amount ordered at the end of the case.
Long-term spousal support, also called permanent spousal support, is usually addressed in the final divorce judgment. Courts consider several factors when deciding whether to award support, how much to award and how long it should last. These factors can include each spouse’s earning ability, the marital standard of living, the length of the marriage, age, health, career sacrifices and contributions to the marriage. The court may also consider whether each spouse can become self-supporting.
Temporary and long-term support serve different purposes during a divorce. Some couples resolve support matters through negotiation, mediation or collaborative divorce. Others need to resolve these issues in court. Harris and Fraser helps clients understand their support options and work toward practical solutions for their financial needs during and after divorce.
Contact Our Experienced Family Law Attorney Today
Harris and Fraser is dedicated to providing superior customer service and sound legal advice to clients who require assistance with family law matters, including divorce, spousal support and property division. Contact our attorney online or call us at 650-389-9036 to discuss the unique facts of your case.