In California, Alimony Is Not Automatic
When a married couple separates or divorces, a court may order one spouse to pay the other monthly “spousal support” payments.
Following a California divorce, spousal support is not a given. On the contrary, courts have limited discretion to deny spousal support or limit it according to the ability of each parting spouse to meet their financial needs.
To consult with an experienced Newark spousal support attorney about your prospects for either receiving or paying alimony, contact CC LawGroup, A Professional Corporation at 510-402-1579.
Fremont Alimony Support Attorney
Put simply, the degree to which a parting spouse is granted alimony is determined largely by who a judge believes makes the most money and who has the greatest need.
If both parties are working and earning similar income, spousal support is unlikely. However, if one party is working and the other is unemployed or raising children without an income or has substantially fewer assets than the other spouse, alimony may be justified.
A judge will consider several factors prior to ordering a spousal support decree, including:
- The parties’ ages and health
- Current income and earning history
- Earning capacity
- Current expenses
- Marriage length
- Minor children
- Financial history of the marriage
Domestic Partner Support
California recognizes domestic partnerships for same-sex couples and opposite-sex couples when one party is age 62 or older. When domestic partners separate or divorce, one domestic partner may be required to pay monthly “partner support.” Requirements are similar to those for married spouses.
Deducting Legal Fees Related to Spousal Support
When one party in a marriage or domestic partnership makes much more money than the other, it is possible for the less wealthy party to ask a judge to make the other side pay fees relating to a divorce. This outcome can be achieved through a court order.
Contact Us to Discuss Your Spousal Support Prospects
Divorce can present great financial hardships, especially in the beginning. Once assets are divided, there may not be enough money for you to pay your bills.
Our lead divorce attorney, Cynthia Cho, can discuss your possibilities for achieving spousal support and/or deduction of your divorce-related attorney fees. Our attorneys are adept at financial analysis and can help you devise a strategy to get back on your financial feet after a potentially devastating divorce or separation.