California Divorce And Family Laws On Alimony

Alimony is a common subject of divorces in and around the state. Also called spousal support, this is a payment made to a former spouse following a divorce, although this is not mandatory in the state. The Court has the authority to refuse or restrict support in amount or term based on both parties' ability to support themselves and care for their own needs following the breakdown of the
marriage or legal separation.

Following a divorce, alimony is awarded based on the parties' individual conditions, including the standard of living developed during the marriage, as well as the parties' desires and willingness to pay spousal support. When deciding the amount & duration of spousal support payments, the Court considers facts and circumstances to determine each party's respective needs
and capacity to pay spousal support.

The Court may not rely on speculation to determine these items and must use evidence that is on the record and reasonable conclusions drawn from the evidence. Some of the factors weighed in making this decision include the ability of the parties to maintain the standard of living based on their earning
capacities.

Also, contributions made to the spouse's education or training, the ability of the supporting spouse to make payments, the assets and debts of each party, and the duration of the marriage. The longer a spouse has been out of the job market since the marriage, the more likely that alimony may be awarded.

The ability of the spouse to work without sacrificing the interests of the child is also considered, & the age & health of each party. The age and health of the parties may be most relevant when determining the duration of the spousal support. A history of domestic violence is also considered, and immediate tax consequences of the spousal support to each party. Relative hardships of each party, spousal abuse convictions, and other factors are also considered in making the determination.

Generally speaking, duration may be equal to about half the length of the marriage except in cases of long marriages. Keep in mind that spousal support orders may be modified under certain circumstances or terminated in the event of remarriage or death. Fixed-term orders are terminated after the period
specified in the order unless the obligation was extended.

If you get into an unfortunate situation of dissolving your marriage, consideration to detail & willingness to fight for your rights are essential in getting started on a positive path toward your future. If you need an accomplished, dedicated, and inspiring lawyer to represent you, please call 1-
714~733-7066, the law office of Jos Family Law, the top Santa Ana divorce attorney today.