Protecting Your Financial Interests In Alimony Disputes
Under California law, spousal support, or alimony as it’s still often known, is the payment by one divorcing spouse to the other of an amount sufficient to maintain the standard of living that was established during the marriage. The right to alimony is based on the reality that most married couples have differing incomes and earning power, and also recognizes the fact that the spouse with a lower income or less developed job skills will generally need some financial help, at least for a few years.
The family court has a great deal of flexibility in considering and determining spousal support issues, but is required to evaluate a number of factors in deciding whether to award alimony, in what amount, and for how long. If you need skilled legal representation for an alimony/spousal support issue in California, The Law Firm of J. Hector Moreno, Jr. & Associates is here to protect your rights. We provide experienced family law and divorce representation to clients in San Jose and throughout surrounding areas.
How Is Alimony Determined?
Our experience with the development and presentation of evidence on alimony issues can represent an important advantage in negotiating spousal support agreements or in convincing a judge of your position at a contested hearing. Although many of our clients are surprised to hear that the misconduct of one spouse during the marriage is not typically a factor in the determination of alimony, we support your position through analysis of such factors as the following:
- Length of the marriage
- Proof of the established standard of living during the marriage
- Contributions of the spouse not only to household expenses, but also to the comfort of the home and the career development of the more affluent spouse
- Education and work history of each spouse
- Cost and length of time necessary to bring the less affluent spouse to a position of financial self-sufficiency
- Age, physical health, intellectual capacity and emotional stability of the spouses
- Children’s issues that might require the primary custodial parent to stay at home rather than work full time elsewhere
When necessary, we work with forensic experts to present specialized opinions as to any of these factors to support your case.
Whether your objective is to obtain an order of permanent spousal support, modify or enforce the terms of an existing alimony arrangement, or limit your exposure to alimony payments, we can advise and represent you.