May 28, 2021
How likely am I able to receive alimony?
Alimony is normally the most contentious problem that arises in any divorces. The Judges in Roseville, CA spend a lot of time resolving disputes arising from unpaid alimony or spouses explaining why they should end their payments. The guide highlights the most critical aspects you should know regarding your likelihood of receiving alimony and how a lawyer can help you.
Factors that go into alimony decision
Future parenting responsibilities
In Roseville, CA, the court presumes that parenting rights will be mutual unless there is a potential of harming the children. Such a factor plays a critical in determining the amount of alimony you will receive. Also, other critical decisions involving health and medical needs, educational and religious needs, and time-sharing are considered in determining alimony.
Individual contributions to the marriage
The jury considers the contributions of the spouses to the marriage. That is because spouses make numerous contributions apart from financial and the court recognizes actions including building the career of the other spouse, homemaking, and childrearing.
Condition of both parties
In determining if you can be awarded alimony, the jury will consider your mental and physical condition and age. If you are disabled, older, or suffering from health complications, you will have a higher likelihood of receiving alimony. At the same time, if you are younger and healthy, your chances of receive alimony will be limited.
Time of marriage
If you have been married for an extended period, you will be awarded a considerable amount of spousal support. In Roseville, a long-term marriage will be considered as the one that has lasted for more than 17 years, while a short-term is the one that has lasted less than seven years.
Requirements for alimony
The individual claiming alimony should top claiming or tax deduction or payments when the other spouse dies.
You cannot live together with your ex-spouse and call the support that your payment or receive as alimony. Therefore, you are expected to lobe in separate homes with different routes.
If you decide to file a joint tax return with your ex-partner, you cannot claim alimony as a deduction for tax.
All payments that you receive should be highlighted within the divorce papers or in a written agreement. In other words, the agreement must be formal such that you cannot terminate whatever you have been paying in terms of support to your ex-partner through informal terms.
The payments made in alimony should be in cash, and money orders and checks are accepted. That means that you cannot give the payments in the form of property, services, or debt.
How a Divorce Attorney in Roseville CA can help
Explaining the aspects for divorce
Roseville state in California as established aspects for divorce that provides one of the spouses with the right to file a petition to end their marriage. The aspects considered for divorce include incarceration, abuse, cruel treatment, and adultery. In this case, a Roseville County Family Law Attorney will explain if there are advantages of requesting the court to dissolve the marriage. In particular, a Roseville CA Divorce Attorney will discuss with you if annulling or voiding the marriage is the best option instead of filing for a divorce.
Accounting for marital assets
To equitably distribute the marital assets, a divorce lawyer will ensure that you disclose all the assets. In most marriages, you will find that the spouse might face several financial issues, and the other spouse might not be aware that they had assets or debts. Therefore, the Roseville Alimony Attorney will assist in locating the assets and liabilities so that the alimony addresses the issue of asset distribution properly.
Determine the spousal support
A Roseville Divorce Attorney can help to assess if the spouse might be entitled to receive spousal support or might be expected to pay for it. The jury can order for spousal support when the spouses receive different incomes or when the other has sacrificed their career to advance the other.
Designing a debt repayment plan
In most cases handling family, debt is stressful than splitting assets. In some cases, both partners might have a legal responsibility of paying a joint debt. However, there are cases where only one partner was financially responsible for the debt. In this case, Roseville Divorce Lawyers at Manzoor Law Firm will assist in determining how you can protect yourself from the debt attributed to your spouse