Roseville Spousal Support Lawyer
How is Spousal Support Determined in California ?
One of the more important decisions that will have to be made in a divorce is that of spousal support. Spousal support is also commonly referred to as alimony. The main purpose of spousal support is to help the supported spouse get up on his or her feet, so he or she can be self supporting. It is not necessarily meant to go on indefinitely, but it certainly can depending on the spouses' circumstances. The longer the marriage, the longer the supported spouse has been out of the workforce, the older the supported spouse is, the more likely that spousal support will continue indefinitely. However, there are many factors that a family law judge must consider in determining an appropriate amount of spousal support, or alimony.
A divorce should not leave you unable to care for yourself. It should also not require you to pay excessive amounts of money to your ex-spouse. With over 20 years of family law experience assisting the divorce needs of my clients, I can provide you with the representation you deserve. I am determined to fight for your needs and make sure that an effective solution is reached. If an issue has arisen regarding spousal support during the course of your divorce, it is important to speak with the Roseville divorce attorney from my firm. No matter what your spousal support needs may be, whether you are the one in need of spousal support or the one trying to defend your income, the Law Offices of Evan Samuelson is here for you.
Calculating Spousal Support
When a judge determines the amount of spousal support or alimony provided to the other spouse, there are certain factors he or she must consider. These factors are found in the California Family Code section 4320 and include:
- The marital standard of living that both spouses were accustomed to during the marriage;
- The number of years the spouses were married;
- The amount of debts that are owed and the amount of property they accumulated;
- Whether domestic violence occurred during the marriage;
- Whether one spouse stayed home to raise the children while the other spouse worked;
- The health and age of each spouse involved;
- The income or earning capacity of each spouse;
- The needs of each spouse;
- If one spouse helped the other increase his or her educational or professional level
- How the spousal support would affect their taxes; and
- Any other factors that the family law judge considers equitable.
Temporary Spousal Support Order
The standard for a family law judge determining temporary spousal support is somewhat different than permanent spousal support, or the spousal support award the judge makes under Family Code Section 4320. Temporary spousal support is designed to maintain the status quo pending final resolution of your divorce or family law case, and to make sure the spouses can cover their living expenses. If your divorce case is not finalized, but you are in need of immediate spousal support, I can assist you with obtaining a temporary spousal support order. As a Roseville divorce lawyer, I can guide you through the steps necessary to get the temporary spousal support you deserve. If you are on the other end of the situation, and your spouse is fighting for what you believe to be an excessive amount of temporary alimony or spousal support, I can negotiate or litigate on your behalf to keep your potential spousal support obligation within reason.
Let a Roseville Divorce Attorney Review Your Case
Whether you are in need of spousal support, defending your earnings, or have questions in the matter, the Law Offices of Evan Samuelson can assist. Either by negotiating a marital settlement agreement, or through trial, I am committed to representing the individual needs of my clients and fighting for an effective solution. Divorce is already complicated enough: as an seasoned family lawyer, I want to make the alimony process as effective and smooth as possible. Contact the Law Offices of Evan Samuelson to discuss your alimony needs and get the legal counsel you deserve!