Divorce is one of the most difficult processes a person can go through. Often a divorce proceeding is contentious and challenging. Parties involved may use the court proceedings as an avenue to vent their frustration and disappointment with the fact that they are involved in a divorce.
Typically the issues that arise in a divorce proceeding deal with issues of finances and custody of any children that are minors. The subject of spousal support or alimony often becomes one of the most challenging and aggressively fought issues by parties in a divorce. In accordance with California law, a person is entitled to spousal support or alimony from their spouse.
A general rule is that if a couple has been married for ten or more years, the spouses are entitled to alimony or spousal support for the rest of their lives, or until the party receiving support remarries. If the couple has been married less than ten years, the court typically will award support for one-half the length of marriage. For example, a spouse in a marriage lasting eight years, would likely receive support for a period of four years.
Spousal support or alimony is not guaranteed. The court will look to whether the person requesting spousal support has a need for it, and whether the other spouse has the ability to pay the support. In determining whether spousal support/alimony will be awarded, the court will consider a number of factors. These factors include, but are not limited to length of marriage, what each person needs, what each person can pay, and the health and age of the parities involved.
An experienced family law attorney can help determine your rights and obligations concerning spousal support/alimony.
Please feel free to contact Wallin & Klarich to discuss your case. You can reach us 24 hours a day, 7 days a week at 877-466-5245 or go to our website at wkfamilylaw.com for more information.
