Helping Clients Pursue Positive Spousal Support Outcomes
Understanding and settling issues of spousal support can sometimes be a crucial issue in the divorce process. There are many misunderstandings about spousal support that can be cleared up with the help of a knowledgeable lawyer.
At Law Office of Melissa D. Cianci, in Roseville, we counsel clients on their spousal support responsibilities, rights and options as part of our comprehensive divorce representation. If you are going through a divorce and concerned about spousal support, don't hesitate to contact us.
Understanding the Spousal Support Calculation Process
The purpose of spousal support, also known as alimony, is to recognize that in many marriages, one spouse has given up career and educational opportunities in reliance on the other spouse's ability to earn income for the family.
When temporary spousal support is awarded during the divorce proceedings (pendente lite), it is based on a relatively fixed formula. The final spousal support award, however, is dependent on the complex interactions of many different factors.
One highly relevant issue is the income of each party. If a party receives a W-2 or is unemployed, this is relatively straightforward, but determining the income of self-employed people and investors can be much more difficult and may require the involvement of a forensic accountant.
Our attorneys' goal is to get an accurate picture of the facts and analyze those facts in light of the relevant law so that a fair alimony award can be worked out. We will do this in settlement negotiations if possible, but we are always prepared to go to court if necessary.
Addressing the Duration of Alimony Payment Obligations
For longer marriages, spousal support is often granted for an indefinite term, or it is only set to terminate after a substantial period of time. There are many factors that go into determining the duration of a spousal support award, and trends are somewhat different in each county.
Many people in California, including many lawyers, believe that for a marriage of less than 10 years, the duration of spousal support is automatically half of the length of the marriage. However, this is only a starting point. As in longer-term marriages, there are many factors that could justify increasing or decreasing the duration of alimony payments.
To get a detailed analysis of how spousal support laws are likely to apply to your unique circumstances, contact us to consult a knowledgeable attorney.
