Transitioning from married life to a single one, can be one of the toughest periods of your life. Moreover, anxiety about your financial future can easily worsen this emotionally difficult point in time. Unlike child support, there is no fixed calculation for deciding the total amount, time and terms of Sacramento spousal support (also known as alimony and maintenance in other states). The subjectivity that applies to spousal support law tends to make alimony one of the most contested issues during a divorce process. As a result, it is important that you are represented by a skilled and knowledgeable Sacramento spousal support attorney at David Martin and Associates.
We have years of experience practicing family law in Sacramento and have won outstanding outcomes for our clients. We aren’t interested in wasting your time or money. Our primary concern is to bring your divorce case to a favorable ending as quickly as possible while making sure that you receive what you are entitled to, by applying each and every sensible legal strategy afforded to us underneath Sacramento family law.
Spousal support is based on many factors. These factors include (but aren’t limited to) the aspects of a divorce listed below:
- Length of the marriage
- Monetary contribution of the parties
- Income potential and employment situations
- Fault in the marriage
Not all divorce cases call for alimony in Sacramento, but by talking to an experienced family law attorney you will be able to fully understand how spousal support payments could factor into your divorce. Our associates focus their attention on successfully advising family law clients and are fluent in the language of the spousal support laws in California.
Our firm can help you figure out how much spousal support will be paid and for how long, from a planning perspective. We fight hard to ensure that in the event that spousal support is applicable, it is ordered in a reasonable number for a manageable amount of time. A lawyer at our office could also explain the many types of spousal support, such as rehabilitative, modifiable, as well as non-modifiable.
Spousal support calculations are not set in stone and can be deviated as seen fit by the judge in the case. For this reason, it could be to your advantage never to leave these decisions up to the court and instead make an effort to reach a settlement by means of mediation or collaborative law. However, when needed, we use our extensive litigation skills and aggressively advocate for our clients in court.
For complex spousal support cases, you will need the best legal representation so that you can protect what is rightfully yours. Our firm will zealously represent you in your family law case. Call our firm right away for a no cost consultation.
Spousal support are court-ordered payments that one spouse might be expected to pay to another after divorce to help support the spouse with inferior earning power while they get a job, further their education or are bringing in an income insufficient to maintain a semblance of their former lifestyle. Many factors, differing by state, can lead to a court changing or stopping the spousal support including a change in either party’s financial conditions or remarriage of the spouse receiving it.
Spousal Support suggestions:
- Obtain a free of charge spousal support calculation.
- Discover how much and when you could collect spousal support payments.
- Check if perhaps you could be awarded support orders during divorce proceedings.
- Find out how a deposition of your spouse can reveal how he or she is understating their sources of earnings.
- What exactly will happen when your former spouse doesn’t pay?
- Find how subpoenas help to get vital financial information for the best support order.
- How do money support garnishment orders work?
Spousal Support Concerns:
Am I allowed to get temporary spousal support even while our case is pending?
Spousal support is normally given at an Order to Show Cause on a temporary basis, in which one spouse is without a job or earning considerably lower than the opposite spouse.
Some courts have put into practice a spousal support guideline for use in setting up a temporary spousal support. A number of guidelines require that the payer of spousal support is 40% of their net monthly income, lowered by one-half of the other spouses net monthly income. When child support is being paid, the guideline amount of child support is first determined. After that, spousal support is decided.
How might a judge determine spousal support at the time of the trial?
In the trial of the dissolution, the state Family Code provides the judge with a long list of factors considered in deciding the amount and duration of spousal support.
This list may include these kinds of factors like the length of the marriage, the spouses’ prior living standard, the extent to which the supported spouse added to the:
- Achievement of an education or professional license by the other spouse;
- Existence of young kids at home; and
- Employment opportunities open to the spouse seeking support.
Is the spousal support I am paying tax deductible?
The Internal Revenue Code provides that all spousal support payments are tax deductible by the paying spouse and taxable to the recipient spouse as regular income.
Because of this, it is not unusual for a negotiated settlement to involve the payment of a high amount of spousal support, because this type of payment leads to a tax advantage to the husband.
Can I receive health care insurance benefits through my spouse’s company following the dissolution of marriage?
Under Federal Law you might be entitled to maintain your medical insurance benefits under your former spouse’s group plan.
The Consolidated Omnibus Budget Reconciliation Act of 1985 made what are commonly known as “C. O. B. R. A.” benefits, which are accessible to the former spouses of people who work for employers who may have 20 or maybe more employees.
Generally this law gives that employers must provide continuation coverage for the first 3 years after the end of the marriage.
The law further provides that the employer may charge the former spouse due to this coverage, but the charge should not be in excess of 2% larger compared to what is charged to employees.
Once the three years have ended, the law states that the employer must offer a former spouse the right to purchase conversion coverage, however there are no limitations about how much the employer can charge for this coverage. The C. O. B. R. A. law further provides that the former spouse does not have to satisfy a physical examination in order to obtain the continuation or conversion benefits.
This is important when you have any pre-existing conditions that might not be included in another medical insurance carrier.
To be able to receive your C. O. B. R. A. benefits you need to file your application with your spouse’s employer within sixty (60) days after the end of your marriage.
If you don’t file your application by that day you won’t get these important benefits.
If you want to get your C. O. B. R. A. benefits you should speak to your previous spouse’s employer immediately and ask for the proper forms.
Spousal Support Factors
When spousal support needs to be decided upon after a divorce case, the California Family Code Section 4320 has a list of the factors that have to be considered. These factors are related to the spouses’ financial situations. If you are in doubt of how California law refers to your spousal support situation, contact the Law Office of David A. Martin & Associates here in Sacramento for advice.
Family Code Section 4320
This is the code that is used for reference when a court is making an order for spousal support. The main consideration is the current earning capacity for each party and how sufficient it is to maintain the same standard of living that had been established throughout the marriage period, taking into account all of the following:
- The marketable value of the skills of the party to be supported and the current job market for those skills; the length of time and the money needed for the supported party to gain the right training or education to further develop their skills; as well as any necessity for some retraining or further education to
gain other skills that are more marketable for employment purposes
- How much the supported party’s earning capacity now and in the future is disadvantaged by unemployment that occurred throughout the marriage while the supported party spent time undertaking domestic duties
- The amount by which the supported party gave to the gaining of training, an education and a career position
- How able the supporting party is to pay for spousal support, by examining his or her earning ability, any earned and unearned income, any assets, and the current standard of living
- The requirements of both parties relating to the standard of living accomplished throughout the marriage period
- The assets and current obligations that includes the ownership of separate property
- The duration of the marriage
- The possibility of the supported party getting employment without intervening with any interests of dependent children
- The health and ages of the parties
- Written proof of domestic violence taking place between the two parties, which does include any emotional distress that was the result of acts of domestic violence that took place towards the supported party by the supporting party and any indication of any violence against the supporting person by the supported person.
- The present tax consequences that affect each of the parties
- The balancing of any hardships that may affect each of the parties
- The target period that would make the supported party self-supporting
- Any criminal conviction of a spouse who has behaved abusively maybe considered as well
In order for an ex marriage partner to get spousal support, there are so many factors that need to be considered under California law that make a good spousal support attorney necessary to win your case.