Experienced Spousal Support Attorney in Newark, CA
When a married couple separates or divorces, a court may order one spouse to pay the other monthly “spousal support” payments. These payments are also commonly referred to as alimony.
Following a California divorce, spousal support is not a given. On the contrary, courts have limited discretion to deny or limit support according to the ability of each parting spouse to meet their financial needs.
Whether you want to pursue alimony or mitigate the amount you are ordered to pay, it is in your best interest to consult with an experienced spousal support attorney. You may speak with a knowledgeable Newark alimony lawyer about your prospects by contacting CC LawGroup, A Professional Corporation, at 510-402-1579.
Understanding California Support Laws
Put simply, the degree to which a parting spouse is granted alimony is determined mainly by who a judge believes makes the most money and who has the greatest need.
Spousal support is unlikely if both parties are working and earning similar income. However, alimony may be justified if one party is working and the other is unemployed or raising children without an income or has substantially fewer assets than the other spouse.
A judge will consider several factors before ordering a support decree, including:
- The parties’ ages and health
- Current income and earning history
- Earning capacity
- Current expenses
- Marriage length
- Minor children
- The financial history of the marriage
These factors help identify the lower-income spouse’s needs and the higher-income spouse’s ability to pay. The specific number is typically a compromise between these two amounts.
Domestic Partner Support
Historically, California only recognized domestic partnerships for same-sex couples and opposite-sex couples when one party is age 62 or older. Since 2020, however, adult couples of all ages and genders have been able to pursue registered domestic partnerships. When domestic partners separate or divorce, one partner may be required to pay monthly “partner support.” Requirements for these payments are similar to those for married spouses.
Deducting Legal Fees Related to Spousal Support
When one party in a marriage or domestic partnership makes much more money than the other, the less wealthy party can ask a judge to make the other side pay fees relating to a divorce. This outcome can be achieved through a court order. If your partner refuses to negotiate spousal support, you may use this method to pursue the support you need without further risking your finances.
Contact Us to Discuss Your Alimony Prospects
Divorce can present great financial hardships, especially in the beginning. Once assets are divided, you may not have enough money to pay your bills.
Our lead divorce attorney, Cynthia Cho, can explain your possibilities for achieving spousal support and/or the deduction of your divorce-related attorney fees. Our attorneys are adept at financial analysis and can help you devise a strategy to get back on your financial feet after a potentially devastating divorce or separation.