San Jose Spousal Support Lawyer
Helping Clients Navigate Alimony & Maintenance in California
Spousal support, also known as alimony or spousal maintenance, are payments made from one spouse to another spouse pending or following a divorce. Spousal support may be necessary to provide the less wealthy spouse with financial resources to meet his or her needs and maintain the lifestyle the spouses enjoyed during the marriage. Courts are not mandated to order spousal support and look at various factors when determining whether or not to order such relief.
Whether you are concerned about paying or receiving spousal support, talk to a skilled San Jose alimony lawyer at our firm. At Magdalena Law Group, our Santa Clara legal team understands the importance of being able to transition as smoothly as possible after a divorce, and we work towards protecting your best interests. We can also assist clients with modifying spousal support in situations such as the receiving spouse remarrying or a modification in the paying spouse's income.
How Is Alimony Determined in CA?
Couples can decide between themselves whether or not alimony will be part of the settlement agreement after a divorce.
If couples cannot agree on this issue, then the matter will be decided upon by the courts. The judge will make a decision on whether or not to grant alimony by looking at your unique circumstance and financial situation. Our San Jose lawyers can help guide you through your alimony case and advocate for you.
The judge will determine alimony using these factors:
- The length of the marriage
- Financial and physical condition of each spouse
- The needs of each party based on the standard of living enjoyed during the marriage
- Whether one spouse contributed to the other's professional career
- The resources and earning capacity of each spouse
- The existence of domestic violence between the spouses
What is the Difference Between Alimony and Spousal Support?
Alimony, spousal support and spousal maintenance are all terms that refer to a husband's or wife's provision for a spouse after separation or divorce. It is supposed to be based on the receiving ex-spouse's actual financial need going forward, so alimony can vary greatly in amount and length of time.
Spousal support is a more modern term that encompasses the payments made to either a man or woman after a divorce. Spousal support is also considered temporary until either recipient is able to get back onto their feet.
How Long Do You Have to Pay Spousal Support in CA?
Spousal support is generally not a permanent thing, it often lasts only half of the length of the marriage itself. For example, if you were married for 8 years you would only be responsible for 4 years of support. What if your marriage lasted less than a year? In that case, the court may throw out support completely or rule for short-term payments.
How to Avoid Paying Alimony
Avoiding the payment of alimony in California can be challenging, as it is a legally determined obligation based on various factors. However, there are a few strategies and considerations you might explore:
- Prenuptial or Postnuptial Agreement: Prior to marriage or during the marriage, spouses can create a prenuptial or postnuptial agreement that outlines the terms of alimony in the event of a divorce. These agreements can specify that neither spouse will pay alimony, or they can set specific conditions that need to be met for alimony to be awarded.
- Demonstrate Lack of Need: If the spouse seeking alimony can prove that they don't have a genuine financial need for support, it might influence the court's decision. This could involve showing that they have adequate income, resources, or job opportunities to support themselves.
- Change in Circumstances: If you're already paying alimony, you can petition the court for a modification or termination of the support order if there has been a significant change in circumstances. This might include a change in your financial situation or the recipient spouse's financial situation.
- Retirement: If you're reaching retirement age, you might be able to argue that your reduced income and financial resources should lead to a reduction or termination of alimony payments. However, this can vary depending on the circumstances and the court's assessment of your retirement situation.
- Consult with an Attorney: It's crucial to consult with an experienced San Jose spousal support lawyer. They can review your specific situation, provide legal advice, and help you understand your options for minimizing or avoiding alimony obligations.
It's important to note that attempting to avoid alimony through dishonest or fraudulent means is not advisable and can lead to legal consequences. Working transparently and within the bounds of the law is essential. The best approach will depend on your individual circumstances, and consulting with our experienced alimony attorneys that can help you make informed decisions.
Advocating for Your Financial Interests Across Santa Clara County
You or your spouse can request to receive spousal support payments at any time during the divorce process. From mediation to arbitration and all the way to litigation, our San Jose attorneys can stand by you every step of the way. We steer our clients towards fair and balanced solutions that serve your short- and long-term financial interests.
I'm fortunate to have picked Magdalena Law Group to help me get through a very difficult and emotional divorce. Magdalena and ...- Former Client
I had hired Magdalena after I realized that my spouse had filed multiple cases in the Unites States and other country. All of ...- Former Client
Magdalena is absolutely brilliant, compassionate and highly efficient. She is a brilliant strategist and will help you ...- Former Client
Made the divorce process so simple and less emotional! She was quick to respond to any questions or concerns I had.- Sara
Divorce can ruin your life, don't call anyone else, Magdalena saved everything for me and I’m here telling the truth, she knows the law.- Steve
I am pleasantly surprised that Magdalena finalized my divorce so fast.- Former Client
I felt like I could trust her with my case, if I had questions or concerns her and her assistant would respond back right away.- Family Client
They were able to quickly understand my case (even though I have not spoken to her in over a year) and get everything ready for court, which ended up in my complete favor.- Former Client