Helping Clients Pursue Positive Spousal Support Outcomes
Understanding and settling issues of spousal support can sometimes be a crucial issue in the divorce process. At the Law Office of Cecil & Cianci, PC, we counsel clients on their spousal support responsibilities, rights and options as part of our comprehensive divorce representation.
If you are going through a divorce and are concerned about spousal support, do not hesitate to contact our firm.
Understanding the Spousal Support Calculation Process
The purpose of spousal support, also known as alimony, is to recognize that in many marriages, one spouse has given up educational and career opportunities in reliance on the other spouse's ability to earn income for the family.
When temporary spousal support is awarded during the divorce proceedings, it is based on a relatively fixed formula. The final spousal support award, however, is dependent on the complex interactions of many different factors, which include:
- The income of each party
- The future earning ability of each party
- The length of the marriage
- The age and physical, emotional and mental status of each party
One highly relevant issue is the income of each party. If a party receives a W-2 or is unemployed, this is relatively straightforward. Determining the income of self-employed people or investors can be much more difficult and may require the involvement of a forensic accountant.
Our law firm's goal is to get an accurate picture of the facts so that a fair alimony award can be worked out. We will do this in settlement negotiations if possible, but we are always prepared to go to court if necessary.
Addressing the Duration of Alimony Payment Obligations
For longer marriages, spousal support is often granted for an indefinite term, or it is only set to terminate after a substantial period of time. There are many factors that go into determining the duration of a spousal support award, and trends are somewhat different in each county.
Many people in California, including many lawyers, believe that, for a marriage of less than 10 years, the duration of spousal support is automatically half of the length of the marriage. However, this is only a presumption; it is not a hard and fast rule. As in longer-term marriages, there are many factors that could justify increasing or decreasing the duration of alimony payments.
Aggressive Pursuit of Your Family Law Goals
To get a detailed analysis of how spousal support laws are likely to apply to your unique circumstances, contact our Roseville, CA, law office to consult a knowledgeable family law attorney.