Newport Beach Spousal Support Attorneys
Alimony, which is referred to in California as "spousal support," is not an automatic component of every divorce action in California. In order to determine whether or not an order for spousal support is appropriate in your matter, an experienced lawyer must perform a thorough analysis of the facts of your situation to determine how to best present a case for or against the implementation of a spousal support order.
At the Law Offices of Lemkin, Barnes & Row, Inc., our Irvine alimony attorneys bring decades of family law experience to the aid of our clients. Additionally, our attorneys are Certified Specialists in Family Law. That certification is only given out to attorneys who have met a wide range of stringent requirements laid out by the Board of Legal Specialization of the State Bar of California.
There are Two Types of Alimony in California:
Temporary Alimony
A temporary order for support is intended to maintain the financial status quo between the time of filing of the divorce and the final order or Judgment. This type of spousal support can be determined using the same computer programs used in calculation of child support. Where appropriate, however, the court will consider an order which deviates from a "guideline," in order to factor in exceptional circumstances affecting the maintenance of the status quo. Determination of true income, needs, and marital standard of living is vital.
Permanent Alimony
This type of alimony is designed to meet a spouse's financial needs after a divorce has been completed. In establishing a permanent order for spousal support, the court will look to a series of variables set forth in the Family Code, to determine the amount, duration, and security for a spousal support award.
The factors reviewed by the court include:
• The length of the marriage
• The marital standard of living
• The employability of the spouses
• The ability of the supporting spouse to pay
• The period of time the supported party stayed home with children
• The obligations and assets of each spouse
• The age and health of the parties
• Tax consequences
• The balance of hardships
• Any occurrences of domestic violence
