Long Beach Alimony Attorneys
Alimony or spousal support has become a major consideration in most, if not all divorces in California. If you are considering or in the process of going through a divorce, you need to make sure you have an experienced Bakersfield divorce attorney on your side.
Spousal Support & Alimony are One in the Same
There is no difference between spousal support and alimony. They are synonymous terms that are often used interchangeably. Spousal support is, in fact, the definition of the term "alimony". Our law firm represents clients throughout Kern and Los Angeles Counties with locations in Bakersfield and Long Beach, California. Our Bakersfield Alimony Attorneys will aggressively represent you so that you are treated fairly and understand your rights and responsibilities.
Alimony is a Significant Factor in California Divorce Cases
Alimony is the financial support given by a higher-earning spouse to a lower-earning spouse on a monthly basis following the dissolution of a marriage. It is meant to ensure that the standard of living that was enjoyed by the supported spouse during the marriage is sustained. The legal reasoning behind alimony is to prevent or minimize the impact of hardship on the lesser-earning spouse and their standard of living that may result from the dissolution of a marriage.
Alimony is a Legal Matter You Need Strong Legal Counsel
It is a common belief that that with the determination of divorce is the obligation of spousal support. However this is not always the case. Unless alimony is written into the final divorce judgment, it is not mandated or guaranteed. A mistake too many divorced couples make is not having representation when litigating over spousal support.
This is true in the cases of “messy" divorces, in which, there may be an unrelenting contention over who owes who what and how much. If a couple decides to mediate this matter out of court, there is nothing to enforce the payments for financial support nor is there a way to ensure that a provider is not being unfairly forced to make payments.
How Spousal Support is Determined
In California, alimony is strongly supported by the laws and the courts. When a judge is considering the necessity of spousal support during divorce proceedings, several factors are taken into account, but the two most important are:
- The amount of spousal support
This is primarily determined by the standard of living enjoyed by the to-be-supported spouse during the marriage and the earning capacity of the highest-earning spouse while being married. Typically, the highest earner is expected to give up a great percentage of their martial-based monthly income to the lesser-earning spouse.
- The duration of the spousal support
This is determined by a number of factors. The most often considered are:
- Length of the marriage: Marriages of 10 years plus have more obligations to pay alimony and for a longer period of time than marriages of less than 10 years
- Ability of the supporting spouse to pay based on their current earnings.
- Ability and expediency in which the supported spouse is able to sustain the martial standard of living, or the equivalent, on their own.
Know Your Rights
Traditionally in California, spousal support wasn’t automatic. But if ordered, alimony was expected to be granted until the death of one spouse. That is no longer the case. Now, there is more of an expectation to stop alimony within a reasonable window of time. However, the longer you were married, the greater the amount and likelihood that spousal support payments will be a part of a divorce settlement.
Also, learn about:
- Palimony
- The influence of child support on alimony.
- The changes in earnings, lifestyle or disability can affect alimony payments
The Gorski Firm, A.P.C. represents individuals who must pay alimony as well as those who are seeking it. We want to inform you about your rights and options regarding spousal support and we will work strategically to help achieve your desired outcome. Contact us in Bakersfield at 661-952-9740 or in Long Beach at 562-206-0025 and start having an experienced divorce attorney on your side. We represent and advise clients in Kern County, Bakersfield, Long Beach, Signal Hill, Seal Beach, Huntington Beach and Orange County.