Spousal Support

Our San Jose family law attorneys know that if you are going through a separation or divorce, you are highly stressed, and likely overwhelmed.  Depending on your personal finances, or income situation, receiving spousal support when you are entitled to it, is crucial to you, and of course if you have any minor children who depend on you. We will compassionately and skillfully further your alimony/spousal support matter, answer your questions, and help you attain peace of mind. We are also not shy at all about giving you our best legal opinion, even if the news might not be as good as you expect.

We strongly believe, as counselors of law, we must paint an accurate picture of what your outcome in a divorce action will look like–the good, the bad, or even the ugly must be truthfully disclosed and described to you. This has nothing to do with how zealously and strongly we will represent you, and promote your cause. You simply deserve our blunt, unvarnished, and honest opinion no matter what the odds might be. Then, once you are made aware of the process and how it will likely work, of course we go out there and fight for you–

Spousal Support (aka Alimony)

Legal division of propertySpousal support is commonly known as “alimony.”  Although, the public policy in the State of California is to encourage financial independence of divorcing spouses as soon as possible, the courts strongly seek to strike a balance and not disturb the standard of living of either spouse if this can be achieved. Of course, spousal support in the short term (temporary spousal support) is viewed much differently from the final status of the support amount at the final status and judgment stage.  There are literally two different family code sections governing “temporary” and “permanent” spousal support issues.

Whether by means of a court order (where parties do not agree), or by agreement, payments from one spouse to another are made to ensure that the lower income earning spouse is fairly treated in a divorce or separation.

How we can help:

We can aggressively assert your best interests in negotiations with your spouse or before the court.

Though this is not an exclusive list, the major factors in our negotiations to determine alimony payment terms include:

  • How long you were married
  • The earning potential of each spouse
  • The expenses of each spouse
  • The health of each spouse
  • The age of each spouse
  • Who the children live with most of the time
  • Your lifestyle while married
  • The assets and debts of each spouse
  • Whether one spouse supported another spouse in attaining a career or degree
  • Whether one parent stayed home with the children
  • Infliction of emotional distress, if applicable

In addition we can help,

  • Represent your interests in an Order to Show Cause hearing (i.e. temporary spousal support.)
  • Pursue or prevent modification of alimony for changed circumstances
  • Enforce alimony provisions when they are ignored.

Our San Jose family lawyers are committed to helping you to resolve your spousal support issues while being on your side, pursuing your best interests, and helping you to achieve peace of mind.

 

The Santa Clara Law Group family law attorneys are “on your side!”

Get your questions answered, your case evaluated, and let us show you how we can help you with your legal needs.

Choose the Santa Clara Law Group today.

We look forward to your no cost, no obligation call:  408-453-3500.

(or, email: info@santaclaralawgroup.com)