San Jose Spousal Support Attorneys

Divorce can significantly impact your financial stability, and spousal support (also known as alimony) is one of the most contentious and complex issues that can arise during divorce proceedings in California. Whether you are seeking spousal support or are the one being asked to pay, it is crucial to understand the factors that affect spousal support decisions and the role a San Jose spousal support attorney plays in ensuring a fair and just resolution.

Ready to discuss your spousal support case? Contact our San Jose spousal support lawyer now for a free legal consultation by calling (408) 676-1814 or reaching out online.

What is Spousal Support?

Spousal support, or alimony, is financial assistance provided by one spouse to the other after divorce or legal separation. In California, there are two primary types of spousal support:

• Temporary Spousal Support: This support is awarded while the divorce is pending. The goal is to maintain the standard of living for both spouses during the divorce process and provide one spouse with the necessary financial means to live until a permanent support decision is made.
• Permanent Spousal Support: This type of support is determined after the divorce is finalized and can be awarded on a long-term or short-term basis, depending on the circumstances. Permanent support is typically awarded in longer marriages or when one spouse is unable to support themselves due to health, age, or other factors.

Spousal support can be modified or terminated based on significant life changes, such as a change in income or marital status. A San Jose spousal support attorney can help guide you through the nuances of each type and ensure that your rights and interests are protected throughout the process.

Factors Considered in Determining Spousal Support

There are many factors that the court takes into consideration when determining spousal support in California. Because there are many factors and a lot of discretion involved, spousal support is often a heated and highly litigated issue in divorce proceedings.

Below are nine factors that are used to determine spousal support in California.

Ability to Pay & Earning Capacity

When determining whether to award spousal support, the court will consider one party's ability to pay, along with the other party's need for financial support. A party's ability to pay spousal support includes more than just base salary.

The court should also consider bonuses, overtime, self-employment income, 401(k) deductions, pension plans, and income from the exercise of stock options, among other income streams. There is no specific formula to determine ability to pay, which is why it is crucial to have an attorney to advocate on your behalf.

Need is based on what each spouse could earn to keep a standard of living close to what it was during the marriage. To determine a party's need for financial support, the court will look to more than their current income. It will also look to their earning capacity (what the person could potentially earn).

Earning capacity is based on several factors, including:

• Marketable skills
• The job market for those skills
• Time and expense the spouse will need to get the education or training to develop more marketable skills or to get a job
• The extent that earning capacity was impaired due to unemployment because the spouse was devoted to domestic duties

Together with figuring out a spouse's earning capacity, the court will consider whether having a job would make it too challenging to take care of the children. The court does not want the needs of the children to be sacrificed. The younger and more dependent the children, the more they will factor this into the analysis.

Length of Marriage

Length of marriage is one of the greatest factors when deciding the duration of spousal support. Alimony is intended to continue for a reasonable amount of time, until the receiving party can become self-supporting. For short-term marriages, the court typically considers half the duration of your marriage to be a reasonable amount of time.

However, under California law, if you have been married 10 years or more, the court has the discretion to order lifetime spousal support to the low-earning party. Lifetime support is not automatic, but the court can award it if the marriage is considered long-term. Additionally, there is California case law that says the court has the discretion to consider a seven- or eight-year marriage as long-term. If you are in a rocky marriage and do not think your marriage will last, the seven-year mark is critical when you are the high-earner. At the seven-year point, you should seriously think about whether you want to continue the marriage.

Assets & Liabilities

In addition to income, the court will look at each spouse's assets and liabilities to understand their ability to pay and their need. It will look both at community and separate property to determine each spouse's net worth.

Whether One Spouse Helped the Other Get an Education, Training, Career, or Professional License

The court will consider whether one spouse helped the other receive an education, training, or professional license. This situation often occurs when one spouse was the homemaker, while the other spouse went to school or obtained a license to increase their earnings. California law considers it unfair for the spouse who received the increased earnings and education not to give back to the spouse that made sacrifices.

Domestic Violence

When there is documented evidence of domestic violence in a relationship, the court must consider it and the emotional distress that resulted. Additionally, under California law, there is a rebuttable presumption against giving spousal support to a spouse who had a criminal conviction of domestic violence against the other spouse within five years before filing for divorce, or any time after.

Standard of Living Established During the Marriage

Spousal support is granted in part based on need. A spouse's need is determined by whether they can maintain the same standard of living after the divorce. The standard of living must be reasonable, and the court may make adjustments.

Age & Health of the Parties

The court may increase spousal support if one of the spouses is in poor health or older. These factors may make it harder or impossible for them to be gainfully employed and, therefore, must be considered.

Tax Impact of Spousal Support

The court will also consider the tax impact of spousal support. The tax consequences can be complex. In certain situations, spousal support may be taxable or deductible in California.

Any Other Factors the Court Deems to Be Just & Equitable

The court can take into account anything that it considers relevant and necessary to determine a just and equitable spousal support award. This gives the court broad discretion.

Schedule a one-on-one consultation with our attorneys. Call us at (408) 676-1814 to discuss your alimony case.

Modifying or Terminating Spousal Support

In California, spousal support orders can be modified or terminated if certain conditions are met. Either party can request a modification to the spousal support order if there is a substantial change in circumstances. Common reasons for modifications include:

• Changes in income: If the paying spouse’s income increases or decreases, the court may adjust the support amount.
• Remarriage or cohabitation: If the receiving spouse remarries or starts living with a new partner, spousal support may be terminated or reduced.
• Retirement or disability: If the paying spouse reaches retirement age or experiences a disability that impacts their ability to pay, a modification may be appropriate.

It’s essential to work with a San Jose spousal support attorney if you need to request a modification or termination of spousal support. The attorney can help you present the necessary evidence and arguments to support your request.

Understanding the Importance of Spousal Support

At Moreno Family Law Firm, we understand the significance of spousal support and are committed to helping our clients navigate this complex area of family law.

Here are some key points to consider:

1. Financial Stability: Spousal support ensures that the financially dependent spouse can maintain a reasonable standard of living and meet their basic needs.
2. Equalizing Disparities: In many marriages, one spouse may have sacrificed their education, career, or professional opportunities to support the other spouse's pursuits. Spousal support helps to balance these disparities and provide the necessary support for the dependent spouse to rebuild their life.
3. Duration and Amount: The length and amount of spousal support are determined based on various factors, including the length of the marriage, earning capacity of each spouse, and the standard of living established during the marriage.
4. Tax Implications: It's important to consider the tax implications of spousal support, as it can have significant financial consequences for both parties. Our experienced family lawyers can guide you through the tax implications and help you make informed decisions.
5. Modifications and Enforcement: If there are significant changes in circumstances, such as job loss or increase in income, spousal support orders can be modified. Additionally, if the paying spouse fails to comply with the court's orders, enforcement actions can be taken to ensure the recipient spouse receives the support they are entitled to.

At Moreno Family Law Firm, our San Jose spousal support attorneys have extensive experience in handling all aspects of spousal support cases. We are dedicated to protecting our clients' rights and ensuring a fair and just resolution. Contact us today to schedule a consultation and discuss your specific situation.

To speak with one of our experienced San Jose spousal support lawyers, contact us online or give us a call today.