ALIMONY IN CALIFORNIA
In the vast majority of marriages, one spouse earns more income than the other spouse. Sometimes there can be quite a large disparity in come between spouses. One usual scenario is when one spouse leaves the workforce to stay home and raise the children, instead of advancing in his or her career. In many situations like this, both partners may be contributing equally to the overall well being of the family, but one or the other may be contributing in a way that does not produce actual income. When a divorce occurs, the spouse who has elected to stay home for the family’s benefit will often have sacrificed earning potential and may not be able to live at his or her accustomed level after a divorce. In this and other situations where earning ability is unequal, the court may deem it fitting to award the less financially capable spouse either temporary or permanent alimony, referred to as spousal support in California. If you have any legal questions or worries regarding alimony, contact Mellman & Mellman, LLP to speak with an experienced alimony attorney for answers and legal help.
CALCULATING ALIMONY UNDER CALIFORNIA LAW
In California, statutory and case law provides the courts with discretion in determining if an award of spousal support is appropriate, and if so, how much and for how long. A couple may agree between themselves on temporary or permanent spousal support. Otherwise, the attorneys at Mellman & Mellman will help you argue and present the various factors that judges consider when deciding the amount and duration of support; these factors may include:
- Whether the earning capacity of each spouse is sufficient to maintain the marital standard of living
- What marketable skills and work history the spouse applying for support possesses, the current demand for those skills in the marketplace, or the amount of time and the cost of education or job training to develop those skills or to acquire a new set of marketable skills
- How much the person requesting support gave up in current and future earning capacity as a result of leaving the workforce to perform domestic duties, such as caring for the home and raising children
- How much the supported spouse contributed to the supporting spouse’s career and earning capability, for example, by providing for the family while the other was attending school to obtain a college degree or professional certification
- Whether the supporting party is capable of paying alimony, based on earnings, unearned income, assets, and lifestyle
- The needs of each party, in accordance with the standard of living while married
- The age and health of each party
- The assets and obligations of each party, including assets separate from community property
- The length of the marriage – generally, marriages over ten years are considered of long-term duration and eligible for permanent support.
- The ability of the supported party with child custody to work outside the home; without a significant negative impact on the children
- Whether there is any documented history of domestic violence
- The tax consequences to each party
- How much time will be reasonably needed for the party being supported to become self-supporting
Your interests are best served by having a dedicated and knowledgeable attorney present the arguments that support your position and present a compelling and persuasive argument to the court.
FREE LEGAL CONSULTATION
When alimony is a matter of conflict in your divorce, having the attorneys of Mellman & Mellman advocating on your behalf is the best way to protect your rights and interests. We have an excellent reputation with the legal community and a record of obtaining significant alimony for our clients so they are able to maintain the lifestyle they have become accustomed to. For a free consultation with one of our highly experienced family law attorneys, contact Mellman & Mellman in San Diego to arrange for a free consultation. When you become a client of Mellman & Mellman we will ensure that no factor is overlooked in presenting your case for alimony. Give us a call now at (619) 304-0600