Spousal Support

Fremont, California Spousal Support Attorneys

In the state of California, spousal support is calculated after child support is determined and will depend on the incomes of both spouses. Additionally, the length of spousal support depends on how long a couple were married. For marriages lasting less then 10 years, spousal support usually lasts no longer than half of the time of the length of a marriage. For example, if you were married 4 years, spousal support payments will last 2 years; if you were married 8 years, spousal support must be paid for 4 years.

In marriages lasting longer than 10 years, a "reservation of jurisdiction" may be involved, meaning a spouse can petition the court for spousal support should their economic situation change in the future, creating a need for alimony. At JOHAL LAW APC, our lawyers work closely with clients in determining how much spousal support they may be eligible to receive or pay, protecting their rights and asserting them when court-ordered spousal support is involved.

If you are being required to pay spousal support or are in need of it, contact us online today to schedule a consultation to discuss your case.

How is Spousal Support Determined in Merced County?

In order to determine if spousal support should be paid, the court will evaluate the following factors:

  • How long were the couple married?
  • What is the standard of living of the household? What is each accustomed to?
  • What is the income and earning potential difference between them?
  • Did one spouse maintain the household so the other could pursue a career?
  • Did one spouse work and take care of the kids so the other spouse could attend school?
  • What is the education, skill-set, and work history of both spouses?
  • How much debt is each spouse responsible for?
  • How will the taxes of each spouse be impacted by their divorce?

The Purpose of Spousal Support — Understanding Your Obligations

Spousal support is not a punitive measure intended to reward one spouse and punish the other. The purpose of alimony is to help people become self-sufficient and capable of maintaining their own household for themselves and their children. If you are eligible to receive spousal maintenance, it is important to remember it is only a temporary arrangement. Alternatively, if you are required to pay it, failure to do so is a violation of a court order and could result in the garnishment of wages, jail time, or ultimately the seizure of assets.

Additionally, individuals who are eligible for spousal support can file under COBRA to receive health benefits under their former spouse's medical benefits plan. If you are required to pay spousal maintenance, you may be required to pay for your former spouse's coverage.

Questions? Contact JOHAL LAW APC Today

If illness or loss of employment has changed your financial situation, our attorneys can help you file for a modification decree regarding spousal support. In cases where hidden assets or the valuation of a business could impact the amount paid or received, we consult forensic accountants and investigators to determine the facts and protect our client's interests.

To schedule an appointment and discuss your case, contact us online today.