Dedicated to Winning Your Case
Spousal support is a difficult issue. Although you and your spouse have the opportunity to resolve your matter on your own, these issues are often taken to court for a judge to decide. Whether you need help negotiating for a fair settlement or need to prepare a case for the courtroom, Giammichele Law, APC is the firm you can trust.
Our Laguna Woods spousal support attorney is here to help you:
- Understand how spousal support works
- Determine how long the payments will last
- Calculate the amount of spousal support
- Prepare the necessary court forms
Calculating Spousal Support in California
If you and your spouse have decided to separate or divorce, the court may order one of you to pay the other a specific amount of money each month. This is referred to as “spousal support.” It is also sometimes referred to as “alimony.” The goal of spousal support is to aid the lower-earning spouse in making the transition from married life to single life.
The amount of spousal support is determined by state guidelines after reviewing several factors, including:
- The ability of each party's earning capacity to maintain the standard of living established during the marriage
- The contributions made by the supported party to the supporting party's attainment of an education, training, license, or career position
- The supporting party's ability to provide spousal support, considering his or her earning capacity, income, assets, and standard of living
- The assets and obligations of each party, including separate property
- Each party's needs based on the standard of living established during the marriage
- The duration of the marriage, as well as the health and age of the parties
- The ability of the supported party to work in the midst of raising dependent children
- Any history of domestic violence, whether perpetrated by the supporting party against the supported party or vice versa
- The criminal conviction of an abusive spouse
- The immediate and particular tax consequences to each party
- Any additional factors that a judge determines are just and equitable
Length of Spousal Support
The duration of spousal support is determined on a case-by-case basis and is left to the discretion of the court. The courts rarely favor “lifetime support.” Rather, spousal support typically lasts for half the length of a marriage that was less than 10 years in duration. In marriages that lasted longer than 10 years, the court does not set a duration for alimony. The spousal support payments will end only when the supporting party proves that spousal support is no longer necessary. The general guideline in all spousal support cases is that the support should last as long as necessary for the supported spouse to become self-supporting.
Let Us Handle Your Case
When dealing with spousal support, whether you are seeking it or being required to pay, it is important to work with a knowledgeable attorney who can fight for the outcome you deserve. At Giammichele Law, APC, we work hard to provide the strongest representation to obtain the best results.