Spousal or domestic partner support, also known as alimony, is typically awarded when a significant difference in income exists between the parties. If you expect to receive spousal support, or if you expect that you will be paying spousal support, you may already have an idea in your mind of a “fair” amount. Similar to determining child support, prior to trial, there is a formula. However, the formula has many nuances and items to consider.
We can help, whether or not you have significant assets and wealth. When spousal support is on the table, we are talking about substantial sums of money that can be paid for a temporary timeframe or for a very long duration. The amount is important and will affect you. At Cianci Law, PC, we can counsel you through your responsibilities, rights, and options for paying or receiving spousal support.
The purpose of alimony is to recognize that in many marriages, one spouse has given up educational and career opportunities in reliance on the other spouse’s ability to earn income for the family in a medical practice, as a professional athlete, as a business executive, or in another high-earning capacity.
When temporary spousal support is awarded during divorce proceedings, it is based on a relatively fixed formula.
The final spousal support award, however, is dependent on many factors, including:
One highly relevant issue is the income of each party. Determining the income of self-employed people or investors can be much more difficult and may require the involvement of a forensic accountant.
Our law firm’s goal is to get an accurate picture of the facts so that a fair spousal support award can be worked out. We do this in settlement negotiations if possible, but we are always prepared to go to court.
For longer marriages, spousal support is often granted for an indefinite term or is set to terminate after a substantial period of time. Many factors go into determining the duration of a spousal support award, and trends are somewhat different in each county.
Many people in California, including many lawyers, believe that for a marriage of less than 10 years, the duration of spousal support is automatically half the length of the marriage. However, this is only a presumption; it is not a hard and fast rule. As in longer-term marriages, many factors could justify increasing or decreasing the duration of spousal support payments.
To get a detailed analysis of how spousal support laws are likely to apply to your unique circumstances, contact our law office to consult a knowledgeable spousal support attorney in Roseville. Call (916) 797-1575.
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