San Jose Spousal Support Lawyer

San Jose Spousal Support – Alimony Attorney

When going through a divorce in San Jose, one person may be eligible for spousal support from their partner. This means one spouse makes payments to the other for them to maintain what the court calls the “status quo” during the divorce proceedings and before everything is finalized. These payments are designed to ensure both spouses have a fair opportunity to take the next step. With the help of a San Jose spousal support lawyer, that next step can be much easier.

At TDC Family Law, we know that working through spousal support agreements can be difficult. Our team knows that each situation is unique, and the services we provide our clients are designed to meet those needs. Whether you are in need of support from your spouse or you are being asked to provide support, our San Jose family lawyers can help to reach a fair outcome and ensure that your rights are protected throughout the process. Let us put over 30 years of experience to work for you.

Spousal Support in Divorce

Most divorce cases include the issues of spousal support and child support in San Jose, CA. How spousal support is handled is different with every case depending on circumstances. If it is a part of a divorce, it can immediately become one of the biggest expenses incurred.

Spousal support can last for years, so every adjustment can mean a difference of thousands of dollars. To calculate spousal support, you can settle out of court or pursue litigation. The amount cannot be calculated automatically with a computer, so while settling out of court may save you legal fees in the short term, the long-term effects of a spousal support agreement that is not litigated could cause you to lose money in the long run.

By pursuing litigation, the terms of support will be much firmer. Spousal earning capacity can be established by the testimony of a licensed vocational counselor, arrangements for making modifications, or termination of support in the case of a change in income for either party and the spouse paying the support payments will be able to hash out their payment in accordance with all aspects of their income.

Whenever spousal support is calculated, it is important to remember that money is determined by potential support. In some families, one spouse will choose to care for the home or children in lieu of work to allow the other spouse to continue to advance their career. This nonfinancial contribution to the family still holds value and will be taken into consideration when calculating spousal support.

Spousal Support Includes Many Considerations

There are numerous factors to consider in determining spousal support. Things like upcoming retirement, remarriage, and self-employment can affect spousal support amounts while something like a prospective raise cannot.

Similarly, since California is a no-fault state, any affairs your partner may have had are not taken into consideration when deciding support unless they are cohabitating with another partner, which would presumptively decrease their need for income.

In addition to the amount per month that is paid, the duration of spousal support payments also needs to be determined. A general rule of thumb is that payments will last for half the length of a marriage that lasted less than ten years.

If the marriage lasted longer than ten years the court will not set a time limit for spousal support. In this case, the burden to prove that spousal support is no longer necessary will fall on the party who pays support.

What is the Difference Between Temporary Spousal Support and Permanent Spousal Support?

Temporary Spousal Support is court-ordered support that is calculated by a legal formula that is paid during a divorce, legal separation, or annulment. Permanent Spousal Support (or sometimes known as Judgment Support) is ordered at the end of the divorce and is not calculated through any formula.

Temporary Support can be ordered during an annulment, but permanent support cannot be ordered once the annulment is granted. Permanent Spousal Support does not always include a specific end date.

Changes to the Tax Law Affects Spousal Support

With the change in the tax laws in 2018, the issue of finalization of the spousal support issue after that year becomes more critical. Beginning with orders entered in 2019 spousal support will no longer be tax-deductible to the paying spouse and conversely non-taxable to the receiving spouse. Modifications of the pre-2019 orders may result in unintended taxability consequences and even loss of tax benefits of being modified from a temporary support order to a Judgment Support order.

In total, spousal support is something that can weigh heavily on divorce proceedings. For the paying spouse, it can be a large expense on top of divorce proceedings that needs to be realized and for the unemployed spouse, it can save them a large financial burden in the long run.

If you find yourself in a position where you may need to receive or pay spousal support, taking the proceedings for support to court may seem like a hassle in the short term, but the long-term effects of such a significant part of a divorce can make the extra court proceedings worth it.

FAQs

Q: What Is the Average Spousal Support in California?

A: California spousal support is awarded in consideration of multiple factors that make it difficult to determine an average amount that could be awarded. The two biggest factors of spousal support are the length of the marriage and the amount each spouse earns. The amount provided by one spouse to the other is often determined by how much money the receiving spouse will need until they can be self-supporting.

Q: How Do I Fight Spousal Support in California?

A: Fighting spousal support is unique to the needs of each person and the circumstances of their marriage and divorce. Generally speaking, your attorney will guide you through fighting against spousal support. This may include proving your spouse is already living with someone else, you have a prenuptial agreement, or by showing the spouse has greater access to funds than they may have indicated.

Q: What Disqualifies You from Alimony in California?

A: There are reasons a person may be disqualified from receiving spousal support in California. One of the biggest reasons a person may be disqualified is if they have a history of domestic violence against their spouse or any children that they share. In these instances, spousal support may be refused or reduced. Your attorney can help you understand your circumstances in these situations.

Q: What Is the 10-Year Rule for Divorce in California?

A: California’s ten-year divorce rule applies to the length of time of a marriage and how much or how long spousal support may be awarded. For marriages that lasted less than ten years, spousal support will last for half the length of the marriage. For those lasting longer than ten years, the court will determine what a fair length of time may be.

San Jose Spousal Support Lawyer

Whether you are facing a separation or divorce or you currently have a spousal support order you wish to modify, the team at TDC Family Law can help. Our team works with our clients offering legal advice and counsel to work through all of the concerns and considerations as it pertains to spousal support. Contact TDC Family Law today and let our team help you navigate the complex challenges your spousal support situation could face.