February 14, 2023
Types Of Alimony in California
California divorces can be especially messy when it comes to things like spousal support, a.k.a alimony. We at the Manzoor Law Firm have seen it played out many times and have concluded that it is a contentious issue primarily because it can be wrapped up in so many issues that drove the couple apart, to begin with.
First, let’s get clear on some definitions: alimony is a payment made by one spouse to the other to help support their standard of living after a divorce. There are two types of alimony typically awarded in California divorce cases: temporary and permanent.
Temporary Alimony
Temporary alimony, as the name suggests, is paid for a limited period of time. It is designed to support the recipient spouse during the divorce proceedings and provide them with financial stability until a final settlement is reached. Factors that are considered when determining temporary alimony include the income of each spouse, the length of the marriage, the age and health of each spouse, and the standard of living during the marriage. Additionally, the court may consider the ability of each spouse to earn income and their current employment status. Therefore it is important to get the advice of an alimony attorney in Roseville CA.
Calculation
The calculation of temporary alimony in California is based on a specific formula that considers both parties’ income and other relevant factors. The formula is as follows: 40% of the higher-earning spouse’s net monthly income minus 50% of the lower-earning spouse’s net monthly income. The amount calculated is the temporary spousal support payment that the higher-earning spouse will have to pay to the lower-earning spouse. A Roseville Alimony Attorney can help make this calculation for you, so you can maximize the amount incurred.
Permanent Alimony
On the other hand, permanent alimony is awarded when the court determines that the recipient spouse is unable to maintain their standard of living without financial assistance from the other spouse. Unlike temporary alimony, permanent alimony is paid for an indefinite period of time, until either the recipient spouse remarries or either party dies. Factors that are considered when determining permanent alimony include the length of the marriage, the age and health of each spouse, the standard of living during the marriage, the earning capacity of each spouse, and the financial needs of each spouse.
Calculation
The calculation of permanent alimony in California is not based on a specific formula. Instead, the court considers various factors to determine the amount and duration of the payments. Factors that are considered include the length of the marriage, the earning capacity of each spouse, the standard of living during the marriage, and the financial needs of each spouse. Likewise, an experienced Roseville Spousal Support attorney can help you maximize the amount here.
It is important to note that California law recognizes that each divorce case is unique, and the court has the discretion to award spousal support based on the specific circumstances of each case. Additionally, the court may modify or terminate spousal support if there is a significant change in circumstances, such as a change in income or health status. This is why it is important to get the help of a Roseville Alimony Attorney.
How your attorney can help
So, how can your attorney help in a spousal support case? An experienced alimony attorney in Roseville CA can provide you with guidance and representation throughout the divorce process. They can help you negotiate the terms of the spousal support agreement and ensure that your rights are protected. Your attorney can also help you gather the necessary financial documents and evidence to support your case.
In conclusion, spousal support is a complex issue that requires careful consideration in a divorce case. There are two types of alimony typically awarded in California: temporary and permanent. Temporary alimony is paid for a limited period, while permanent alimony is paid for an indefinite period of time. Factors that are considered when determining both types of alimony include the income of each spouse, the length of the marriage, the standard of living during the marriage, and the financial needs of each spouse. An experienced divorce attorney can help you navigate the complexities of spousal support and ensure that your rights are protected.
Speak to a Spousal Support Lawyer Today
When you’re requesting or being asked for spousal support, it’s natural to wonder what exactly you might be getting into. By contacting a respected Roseville Spousal Support attorney, we at the Manzoor Law Firm can assist you in calculating the amount you deserve. To schedule a consultation, please contact us.