Alimony Attorneys in San Diego
Alimony in California
In many marriages, one spouse brings more income into the home than the other. One common scenario is when one spouse leaves the workforce to stay home and raise the children, instead of advancing in his or her career. In many situations like this, both partners may be contributing equally to the total well being of the family, but one or the other may be contributing in a way that does not produce actual income. When a divorce occurs, the spouse who has elected to stay home for the family’s benefit will often have sacrificed earning potential and may not be able to live at his or her accustomed level after a divorce. In this and other situations where earning ability is unequal, the court may deem it appropriate to award the less financially capable spouse either temporary or permanent alimony, referred to as spousal support in California law. If you have any legal questions or concerns regarding alimony, contact an experienced Boyd Law San Diego alimony attorney for answers and legal help.
Determining Alimony under California Law
In California, state law give the courts a great deal of discretion in determining if an award of spousal support is appropriate, and if so, how much and for how long. A couple may agree between themselves on temporary or permanent spousal support. Otherwise, your attorney will help you document the various factors that go into the court’s decision on the amount and duration of support; these may include:
- Whether the earning capacity of each divorcing spouse is enough to maintain the standard of living enjoyed during the marriage
- What marketable skills the party applying for support possesses, the current demand for those skills in the marketplace, or the amount of time and the cost of education or job training to develop those skills or to acquire a new set of marketable skills
- How much the person requesting support gave up in current and future earning capacity as a result of leaving the workforce to perform domestic duties, such as caring for the home and raising children
- How much the supported spouse contributed to the supporting spouse’s career and earning capability, for example, by providing for the family while the other was attending school to obtain a college degree or professional certification
- Whether the supporting party is capable of paying alimony, based on earnings, unearned income, assets, and lifestyle
- The needs of each party, in accordance with the standard of living while married
- The age and health of each party
- The assets and obligations of each party, including assets separate from community property
- How long the couple were married
- The ability of the supported party with child custody to work outside the home; without a significant negative impact on the children
- Whether there is any documented history of domestic violence
- The tax consequences to each party
- How much time will be reasonably needed for the party being supported to become self-supporting
Your interests are best served by having a skilled and experienced attorney work up the arguments that support your interests and present a well-document case to the court.
Free Legal Consultation
When alimony is a matter of contention in your divorce, having the attorneys of the Boyd Law Firm in your corner is the best way to protect your rights and interests. We have a superior record of obtaining sufficient alimony for our clients that they are able to maintain the lifestyle to which they are accustomed. For a free consultation with one of our highly experienced family law attorneys, contact Boyd Law in San Diego to arrange for a free consultation. Have our team working for you will ensure that no factor is overlooked in presenting your case for a fair support determination. Don’t wait; call us today!