Spousal support, commonly called alimony, is not automatic under California law. Conflicts may surface related to need and what amount is fair and reasonable in a given set of circumstances.
California law recognizes two forms. Temporary spousal support is available before the divorce becomes final to maintain the status quo while the case remains in family court. Permanent spousal support can be agreed to by the parties or ordered by the court, but it is important to get it right at the time of divorce. Seeking a post-dissolution modification of spousal support is very difficult.
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A determination of permanent spousal support guidelines involves more than a simple mathematical equation. If the parties are unable to settle their differences, the court will weigh many factors including the length of the marriage, the relative income of each party and the standard of living each party enjoyed during the marriage.
In many ways, the most important step in evaluating spousal support and child support matters is identifying the assets involved in the marriage. Our lawyers are accomplished in knowing how, and where, to look for hidden assets and hidden income in an asset search. In order to properly calculate spousal support matters, the numbers upfront must be appropriate. In addition, tax implications can play a role, and we ensure clients do not receive an unpleasant tax surprise down the road.
As skilled negotiators and experienced trial attorneys, we help our clients move forward with confidence following divorce. We aggressively guard the interests of our clients in negotiations and court proceedings, whether that means obtaining a fair spousal support award or limiting the amount of a spousal support obligation.
If facing divorce in the North Bay, including Marin County and the surrounding areas, contact us online or call our Corte Madera office at 415-650-1322 to arrange a consultation.