Not all divorcing couples will exchange spousal support in California. When alimony is awarded, the courts have quite a bit of leeway in its assigned amount and duration. In some cases, it’s temporary, while in others, it’s permanent. The person receiving alimony is typically the one responsible for paying taxes on it.
If you’re entitled to alimony or if your spouse is asking for it, your best course of action is to work with an Inland Empire spousal support lawyer from the Law Office of Laurence J. Brock to determine what’s likely to happen in your case and what your options are.
The California Family Law Code governs what judges may consider when making an alimony ruling. Your Inland Empire alimony lawyer will inform you of what to expect and what documentation will be required.
The spouse seeking support must prove both that he or she has a real financial need created by the divorce and that the other spouse is capable of paying it. Whichever side you fall on in your divorce, an Inland Empire spousal support lawyer from our firm will be able to present your case in the most convincing and detailed way possible.
Judges may examine any of the following items:
It’s essential that all of these items are fully detailed for both you and your ex. In some cases, asset and debt discovery may be necessary to gain a full picture so that support can be determined fairly. An Inland Empire alimony lawyer from our office will perform this investigation for you.
In marriages that have lasted fewer than ten years, alimony is typically awarded for half of the length of the marriage. For example, a marriage that lasted six years may lead to three years of spousal support.
In longer marriages, the court may not set a specific date for alimony to conclude. The party who pays must prove that spousal support is no longer necessary when he or she wishes to stop paying.
For the most part, courts typically don’t rule for lifetime support. In fact, it may be a transitional type of support. This means that a judge may order it to continue only as long as it should take the recipient to become financially self-sufficient. Your Inland Empire spousal support lawyer will advise you on how alimony is likely to be determined in your divorce proceeding.
While it’s not necessarily easy to do, it is possible to have the alimony amount you pay or receive adjusted. For example, if you are currently paying alimony, but marry someone else and have kids, continuing to pay spousal support while supporting your new family could become an unreasonable financial burden.
Listed below are some of the other factors that may necessitate a change in spousal support:
Your Inland Empire alimony lawyer will help you gather the necessary information and return to court to present your case to a judge.
Divorce is rarely a pleasant process for either party. In addition to the emotional turmoil, it also creates a great deal of financial uncertainty. Whether you need alimony or feel you shouldn’t have to pay it, an Inland Empire spousal support lawyer from the Law Office of Laurence J. Brock can assist you.
To arrange a time to meet for your free consultation, please call us at 909-466-7661 or complete the contact form at the bottom of this page.