In California, child support is calculated before spousal support. Additionally, the income of each spouse is taken into consideration as well. Both count against available disposal income when determining spousal support. Further, spousal support typically lasts no more than half the term of a marriage when marriages are less than 10 years old: if you’ve been married 8 years, alimony payments will likely end after 4 years.

In marriages 10 years or older, a spouse can ask the court to award alimony if economic circumstances justify doing so. Referred to as a “reservation of jurisdiction,” in long-standing marriages the court may decide to award alimony for an indefinite amount of time. In each case, it’s important to understand your rights and the financial issues involved.

At the Law Office of Lori Clark Viviano, our attorneys review your financial situation in order to determine how much alimony you may be eligible to receive or required to pay. To schedule an appointment and learn how we can help you, contact alimony lawyers at the Law Office of Lori Clark Viviano today.

Factors Involved When Determining Spousal Support

While there are a number of factors the court will consider when determining alimony, the following list represents a general sample of what kinds of things the court takes into account:

  • The length of a marriage
  • The standard of living each spouse is accustomed to
  • The income of both spouses
  • The earning potential of both spouses
  • The tax implications of the couple’s divorce
  • Whether or not one spouse worked to send the other to school
  • Which spouse maintained the household
  • Which spouse stayed at home with the children
  • What is the educational background of each spouse
  • The work history of each spouse
  • The debt of each spouse

Why Alimony is Awarded

Alimony is not intended to punish one spouse and award another. Spousal support is intended as a means of support while the spouse that receives it works towards self-sufficiency. In this sense, it is usually a temporary arrangement. In connection with spousal support, it’s also important to remember that under COBRA, spouses who receive alimony are also eligible to receive medical benefits under their ex-spouse’s benefits coverage. For spouses required to pay alimony, you may also be required to cover your ex-spouse under your medical benefits plan.

Contact Spousal Support Lawyers at the Law Office of Lori Clark Viviano

There are a number of financial issues that must be taken into consideration in alimony cases, especially if you own a closely held business. We can review your situation, protect your interests, and assert your rights in any spousal support negotiations or disputes. To schedule an appointment and learn how we can help you, contact our alimony attorneys at Lori Clark Viviano today.