Santa Rosa Alimony Lawyers
Alimony in California
Alimony Lawyers in Santa Rosa, California
Given the very sensitive nature of divorce cases, there are various California laws on matters that must be given attention to when you’re going through divorce. Alimony lawyers can help you get a fair spousal support order.
While certain divorce laws can vary from state to state, alimony is generally awarded to ex-spouses of long-term marriages. This periodic predetermined payment awarded to a spouse or former spouse should enable the recipient to continue the lifestyle to which they are accustomed to, and will only stop in case of death, remarriage, retirement, or pertinent court order.
Pursuant to relevant statutes of family law practice, refusing to pay or not keeping up to date with alimony payments may result in civil or criminal charges. As such, if you have legal questions related to alimony payments, consult with a trusted California divorce and family law attorney. Our experienced Santa Rosa alimony lawyers from Provencher & Flatt LLP can explain in detail the twists and turns of divorce and family law cases in California.
Alimony & Spousal Support in California
Alimony, spousal support, or spousal maintenance generally draws from the notion that a divorced spouse ought to be able to live the same quality of life that they previously had before filing for divorce or legal separation.
Alimony can be awarded to either one of the divorcing spouses. In the dissolution of a marriage, if one party earns significantly more than the other, they may have to make alimony payments to support their spouse’s standard of living.
In divorce filings where alimony is awarded, the lower-earning spouse will receive alimony payments for a perpetual or temporary period. Unknown to some, however, there are many instances where the family court determines that alimonies are not necessary. This is particularly true if both parties have similar annual incomes and do not need financial support from their spouse or former spouse.
In divorce filings that are not as clear-cut as the above scenarios, a seasoned alimony lawyer in California can provide reliable legal representation. Call us at 707-596-6641 to schedule a consultation with our experienced family law and divorce attorneys today.
Factors to Consider When Awarding Alimony
The nature of court-ordered payments awarded to a spouse or former spouse within a separation or divorce agreement has significantly changed over the years. In prior decades, a divorce proceeding requires one spouse to abuse, infidelity, or irreconcilable differences as grounds for divorce. Here, a fault is used as grounds to get alimony or marital support payments. Additionally, if the supported spouse is the at-fault party, the alimony award could be reduced.
At present, however, alimony is primarily based on economic factors. Depending on the actual circumstance of the divorce proceedings, the judge may also determine an expiration date for the alimony decree. After this time, the payer is no longer required to make payments and provide financial support to the other party.
Termination of Alimony
Additionally, alimony could be terminated if a former spouse remarries, if the children no longer need a parent at home, or if a judge deems that the recipient is not making efforts to be self-sufficient.
At Provencher & Flatt LLP, we are committed to helping you take the necessary steps given your specific needs and circumstances. Call a Santa Rosa child custody attorney and alimony lawyer today at 707-596-6641 to schedule a consultation.
When is Alimony Awarded in California?
At present, no-fault divorce laws in California enable a spouse to file for a divorce for a broader range of reasons. Pursuant to statutes that are currently in place, gender-based consideration is also no longer applicable. This means that alimony is granted based on the married couple’s actual earning capacity and marital roles.
The current and future potential income for both spouses, together with the length of the marriage, influences how much alimony a spouse must pay. Alimony pendente lite or temporary alimony payments are made after a couple separates or divorces. These will then stop once a permanent alimony award is granted or after a permanent order is given once the divorce is final.
Alimony should not be confused with child support payments, which are meant to support one or more children from a dissolved relationship or marriage. Alimony also does not include noncash property settlements or voluntary payments, and missed payments for alimony are not discharged in bankruptcy.
If you have any clarifications on these matters, seek assistance from a California law firm specializing in alimony payments. Consult with experienced Santa Rosa alimony lawyers from Provencher & Flatt LLP. Call us at 707-596-6641 to schedule a consultation.
Determing the Amount of Alimony Awarded
When considering alimony, the court will generally consider the following:
- annual or monthly income,
- physical condition,
- emotional state, and
- financial situation of both couples involved.
Marital Standard of Living
Their standard of living during the marriage will also be considered. Other factors may also be included, such as whether one spouse supported the other during their education or if the lesser earning spouse still needs further education or training.
At present, physical or sexual abuse, emotional abuse, infidelity, or acts of the non-abusing spouse to endure excess burdens during the marriage are generally referred to as marital misconduct. In general, if the supporting spouse engaged in misconduct, the court can increase the payment ordered.
Conversely, if the other spouse engaged in misconduct, pendente lite alimony might not be granted, or the permanent alimony award might be reduced. A hands-on California alimony lawyer can further explain divorce and alimony laws that may apply to you. Call us at 707-596-6641 to schedule a consultation at Provencher & Flatt LLP.
Consult with a Santa Rosa Alimony Lawyer Today!
When married couples separate, the financial stability of the marital home disappears, and personal living expenses increase. In most cases, one party will need financial support from the other spouse to make ends meet. While an alimony award is not automatic for every divorce petition, a request for alimony brought to court and approved by the judge will obligate the higher-earning spouse to pay alimony after the divorce decree is finalized. An experienced alimony lawyer can explain these things in greater detail.
If you have clarifications on alimonies, call our Santa Rosa family law firm at 707-596-6641 and speak with a competent attorney about your questions regarding family law, bankruptcy, real estate, employment law, and other legal matters. Call us at 707-596-6641 to schedule a consultation.
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