Under California Family Code Section 4320, spousal support, also known as alimony, is a court order or mutual agreement for one spouse to financially support the other. Usually, payments will be calculated to last only as long as reasonably necessary to allow the supported spouse time to become self-sufficient. However, the length of the marriage may be one factor in favor of permanent spousal support.
In order to determine the amount of spousal support, the court will use the standard of living during the marriage as a reference point. From there, the court may adjust the level of spousal support based on many different factors, such as: supported party’s contribution to the supporting party’s earning capacity, supporting party’s ability to pay support, obligations and assets of each party, duration of the marriage, ability of the supported party to engage in gainful employment, age and health of each party, history of domestic violence, and any other factor the court deems just and equitable. The attorneys at Wallin & Klarich have over 30 years of handling this daunting process. We have represented thousands of clients in spousal support cases, ensuring that our clients receive or pay the correct amount.
With so many factors to consider, it is imperative to speak with a Wallin & Klarich family law attorney. Furthermore, there may be several applicable exceptions that may adjust or even eliminate spousal support altogether. The first exception under which no spousal support will be awarded is if the spouse seeking support attempted to murder the supporting spouse. Also, spousal support will not be granted if the supporting spouse was subject to domestic violence at the hands of the other spouse within five years prior to the divorce. The purpose of these two exceptions is to prevent victims of these crimes from being forced to fund their own abuse.
Another set of exceptions pertain to probative fault that may be used to modify or terminate the spousal support payments. For example, if the supporting spouse intentionally diminishes their earning capacity in order to decrease support payments, the court may adjust the amount to reflect his/her true earning capacity. Likewise, if the spouse requesting support fails to make a good faith effort at becoming self-sufficient or mismanages income-producing assets, the spousal support may be modified. Additionally, if the supported spouse frustrates the custody/visitation rights of the other spouse by moving abroad, there would be a compelling case for spousal support modification. Whichever the case may be, you need a qualified Wallin & Klarich family law attorney handling your case to make certain that you get the results you deserve.
If you or someone you love is in the midst of a spousal support battle, it is vitally important to speak with an experienced family law attorney. We know that divorces and spousal support are sensitive issues with lasting impacts. However, with over 30 years of experience, the attorneys at Wallin & Klarich have handled thousands of cases and have helped each client through these tough times. Call us today at (888) 749-7428. We will be there when you call.
