Spousal Support
Naimish & Lewis Law Firm Will Help You Make The Best Decisions Possible For Your Family.
During a divorce or legal separation, finances are often a point of contention and stress between the parties involved. In some cases, one spouse has stayed at home raising the children while the other was the sole income earner. In other cases, one spouse may make more money and as a result, be responsible for the payment of many of the household expenses. Whatever your situation, and whatever your concerns, Naimish & Lewis, APC will explain your responsibilities and rights from the very beginning of your case.
In the State of California, spousal support is the payment of money by one spouse to the other. Also referred to as “alimony,” spousal support may be requested by one spouse temporarily, permanently, or both.
Temporary Spousal Support
Temporary support is typically received by the lower-earning spouse as a means to maintain the status quo pending the outcome of the proceedings. The court often looks at the “future income” of the parties and will at times use the most recent tax returns as a basis for the support amount. Temporary support typically begins after the Petition is filed with the court, upon request, and will end once permanent support is ordered.
Permanent Spousal Support
Permanent support is the amount that is ordered at the end of a legal separation or divorce proceeding, and is, unlike its name, not actually permanent. When ordering support, the Court might set a time limit and will take into consideration the income of both parties and the expenses that come along with running two households. Additionally, as explained under Family Code § 4320, factors such as health care, length of marriage, the standard of living during marriage, and the ability for the lower-income earning spouse to obtain education and become “gainfully employed” are a few items the court takes into consideration when ordering support. At Naimish & Lewis, we will provide you with a set of spousal support factors that will help us work together to determine the amount of support you should receive or should pay.
As stated above, permanent support does not necessarily last forever and there are many factors that the court takes into consideration. In short-term marriages the court may order an end date for spousal support. In long-term marriages, the court will not order an end date initially, but support can be terminated at a later date taking into considerations the support factors mentioned above.
Following the legal separation or divorce judgment, a change of circumstances may occur upon which a party can request the spousal support order be modified, assuming that the parties did not agree to non-modifiable support. The parties can either agree to modify the support and, with the help of the Attorneys at Naimish & Lewis, prepare an Agreement for the court’s review, or, if the parties cannot agree, one party can request the court make an order on the request.
Whether you are requesting support or have concerns about the support you may be ordered to pay, Naimish & Lewis, APC has skilled and financially savvy attorneys that will help you develop a strategy in your case.
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At Naimish & Lewis we have the highest reputation for providing you and your family with the respect you deserve. We will help you navigate the stress and complications of family law while keeping the focus on what is best for you and your family. We do this with years of experience and compassion for your family. We will be your advocate.
You may be in need of a little advice right now. We’d like to meet you. If you are struggling with a serious family law issue or you’re planning for the future, Naimish & Lewis can help. Connect with us now for guidance from one of our experienced attorneys. Contact Naimish & Lewis, APC today.
