San Bernardino Spousal Support Lawyer
Alimony Representation from a Board Certified Attorney
Whether you are the spouse expecting to pay or the one needing the support, understanding how alimony is calculated can be beneficial to your case. First and foremost, you should retain the counsel of a seasoned San Bernardino divorce attorney who understands your situation and can provide insight as you move through contentious matters such as child and spousal support.
You can rest assured knowing a seasoned and trusted lawyer is on your side when you work with our firm. We understand how stressful and overwhelming this time can be—especially with your finances on the line. Our firm is committed to providing compassionate legal advocacy backed by years of experience. We take a client-centered approach to every spousal support and divorce case we handle.
Don't wait to get counsel for your divorce case! Call us at (909) 344-5704.
When & How Is Spousal Support Awarded?
Spousal support is awarded when one spouse is more financially dependent than the other; it is used to help them get on their feet following a divorce. However, just because a spouse is more dependent financially, does not mean that they will be automatically awarded this support.
The court will review the following factors to determine if support will be awarded:
- The length of the marriage – The judge looks at how long two people have been married. The longer the marriage, the more likely it is that a spouse will receive spousal support. This may be because in older marriages, one spouse may be out of the workforce longer, thus making it difficult for them to obtain the skills and jobs they need to support themselves.
- Income of each party – Is one spouse the sole provider? Do both spouses have jobs? The judge will look at how much each spouse makes. They will also look at the earning capacity of each spouse, regardless of whether they have a job yet. Mental and physical health play a factor, because that will also affect how much income a party can generate.
- The needs of each party – If a spouse gave up a career to be the sole homemaker, they will have greater need for spousal support. It will take time for them to find jobs and / or obtain the skills they need to work that job.
- The ability of a spouse to seek work – The judge will consider the physical and mental health of an individual. If someone lives with impairment, it might make it more difficult for them to obtain a job.
- Standard of living – The judge considers the quality of life each spouse was accustomed to during the marriage. This factor affects how much one spouse may have to pay the other.
When a marriage has lasted 10 years or more, it is considered a long-term marriage. This means permanent support can be ordered, as each spouse has established a very set lifestyle. The court's main goal in awarding permanent spousal support is to ensure that the dependent spouse can maintain that lifestyle, within reason.
Have more questions about how spousal support may be determined in your divorce case? Call us today.