Divorce or legal separation proceedings are already emotionally taxing on the involved parties, especially when a verdict is unfair. Setting aside judgment is a particularly
ALIMONY SPOUSAL SUPPORT ATTORNEYS
When a couple marries, they agree to support one another through sickness and in health. Divorce not only devastates mentally and emotionally, but can wreak havoc on the financial situation of a spouse who has become accustomed to a certain lifestyle. Alimony, also known as spousal support in California, is a monthly payment made from one spouse to another, via a settlement agreement or court order. The purpose of spousal support is to correct unfair economic situations.
There are two types of orders that can be granted in a divorce proceeding:
This can be agreed to or ordered by the judge while the divorce case is pending and during separation. It generally takes income into consideration and bases the temporary support on a formula adopted by the local courts.
This is more subjective and is determined at the end of a case based upon several factors. The parties can agree and may never need to go to court regarding support.
Not all divorces will have a spousal support award. Also, “permanent” alimony is a misnomer, as there are very few spousal support awards that continue indefinitely. Courts generally consider several factors when evaluating alimony, including length of marriage, spousal age, income and earning capacity of each spouse, overall health of each spouse, and reasons for divorce.
As the law now equally recognizes both spouses, regardless of gender, as being entitled to spousal support, Azemika & Azemika Law will navigate and help you understand your rights to spousal support during the divorce or separation process.
Contact An Experienced Kern County Spousal Support Attorney
For comprehensive representation in any Divorce matter, including spousal support, call Azemika & Azemika. We will fight for and protect you and your family during the separation and divorce process. Contact us today online or by phone 661-322-8166 to arrange an initial consultation with our attorneys.
FAQs About Alimony
First, you or your spouse must be a resident of California for at least six months, and be a resident of the county you’re filing in three months in the county you’re filing in, before filing a dissolution of marriage. Once you file for divorce and serve the divorce petition to your spouse, you will have to wait about six months for your divorce to finalize.
Any property that qualifies as community property will be divided between both parties. However, any property that a spouse acquired before marriage or domestic partnership is considered separate property, and legally belongs to that spouse. Sometimes, these two can become intertwined, or commingled. With acute attention to detail, our divorce attorneys can help you sort out and protect your financial assets.
There are a variety of factors that the court must take in before deciding if spousal support should be awarded. Some factors include a spouse’s earning capacity, spouse’s standard of living established during marriage, age and health of the spouse, and whether there are children to support as well. A qualified attorney can help answer these questions for you in-depth and protect your interests.
In custody cases, the court does not let the child choose whom he or she lives with. The court may take the child’s wishes into consideration if the child is “of sufficient age and capacity to reason.” If willing, children aged 14 and older may express their opinions concerning child custody, but the court is not required to follow their wishes.
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