Often times a spouse will find themselves in a very precarious position because they are either the higher-earning spouse, or the stay-at-home spouse, bringing to light many questions of finances and spousal support.  The attorneys at Higbee & Associates can help you answer your questions and assist you with all of your spousal support issues.

In California, spousal support (traditionally referred to as alimony), which is financial support, may be ordered by the court.  If the parties to a divorce cannot agree upon the party to pay the support, the amount of the support, or the length of time the spouse will receive it, the decision will be in the discretion of the judge after weighing an extensive list of factors.   The court examines the parties’ circumstances with respect to the standard of living established during the marriage and the respective needs and abilities to pay for such standard of living, taking into account several factors, including the following:

  • The marketable skills of the supported party.
  • The extent to which the supported party’s present or future earning capacity is impaired by periods of unemployment that were incurred during the marriage.
  • The extent to which the supported party contributed to the attainment of an education, training, a career position, or a license by the supporting party.
  • The ability of the supporting party to pay spousal support.
  • The needs of each party based on the standard of living established during the marriage.
  • The obligations and assets, including the separate property, of each party.
  • The duration of the marriage.
  • The ability of the supported party to engage in gainful employment without unduly interfering with the interests of dependent children in the custody of the party.
  • The age and health of the parties.
  • Documented evidence of any history of domestic violence between the parties.
  • The immediate and specific tax consequences to each party.
  • The balance of the hardships to each party.
  • The goal that the supported party shall be self-supporting within a reasonable period of time. Except in the case of a marriage of long duration as described in Section 4336, a “reasonable period of time” for purposes of this section generally shall be one-half the length of the marriage.
  • The criminal conviction of an abusive spouse shall be considered in making a reduction or elimination of a spousal support award.
  • Any other factors the court determines are just and equitable.

California Family Code section 4320, et seq. 

Whether you are the party expected to pay or receive spousal support, we will make certain that you are treated fairly and that your interests are well represented.  At Higbee & Associates, we will do everything possible to ensure that you are happy with the issuance of spousal support.

 

Contact Higbee & Associates

To speak with an attorney at Higbee & Associates about spousal support, call (714) 617-8383, or contact the firm online.

Thousands of people have come to Higbee & Associates because of the affordable prices, which are typically 35% less than what most attorneys charge.  However, it is the level of service and successful results that keeps clients coming back and referring their friends and family.  Higbee & Associates has earned customer service awards and “A+” ratings from the Better Business Bureau because we are willing to go the extra-mile to help you during difficult times.  It begins with making ourselves available at times that are convenient for you, including Saturdays and outside of normal business hours.  We also eliminate the risk by making the initial consultation free and with no obligation.  We can also meet you in any of our five Southern California offices.  Contact us today and see why our clients love working with us.