Questions About Alimony? We Can Help.
Alimony, or support paid by one spouse to the other during and/or after a divorce, is a feature of many of the cases we handle. This is especially true when one party is unemployed or receiving government benefits of some kind. The question is often not whether alimony will be awarded, but for how long and in what amount.
If you need straightforward answers and knowledgeable legal guidance regarding alimony in your divorce, the San Jose law offices of Gemma V. Reyes, Attorney at Law, can help. We serve clients in the Bay Area and Southern California seeking fair and workable spousal support arrangements. Contact us today to learn more in an informative initial consultation.
How Is Alimony Determined?
Like child support, temporary spousal support is generally determined by a computer program that calculates income and expenses and determines an amount of support that is defined by California family law. This is a relatively simple calculation, and your lawyer can often tell you with a high degree of certainty how much temporary alimony will likely be awarded in your case.
Determining permanent spousal support is more complicated, in that there are additional factors that come into play, such as:
- Standard of living
- Any history of domestic violence
- Ability to work (education and experience) of the spouse seeking support
- Ability to pay (income, assets and expenses) of the supporting spouse
- Length of marriage
- The age of the parties
In California, any marriage that last over 10 years is considered a long-term marriage for the purposes of awarding alimony. This means that there may not be a set end-date for support.
One thing to remember about alimony is that "permanent is only permanent until circumstances change." Alimony is not a punishment for one party and a reward for the other. If it is a demonstrable fact that alimony is no longer necessary or appropriate — if the party receiving support has remarried or obtained a high-paying job, for example — even "permanent" spousal support can be terminated by court order.
Contact Us
Call the offices of Gemma V. Reyes, Attorney at Law, in San Jose at 408-292-6289 or contact us by e-mail now to schedule an appointment to discuss your case with an experienced California divorce and alimony lawyer.
