Riverside Alimony Lawyer
Resolving Alimony & Spousal Support Matters
When a couple marries, they agree to care and provide for one another. In the case of a divorce, this duty is continued for a length of time depending on the duration of the marriage. The support amount, if any, will be based off of many factors rather than just the parties' respective incomes and standards of living while married.
The goal of the court is to ensure that each party is able to maintain a lifestyle similar to what they are accustomed to and to become self-sufficient. Not every divorce or separation will have a spousal support award.
There are two types of orders that can be granted in a divorce proceeding:
- Temporary Order - This can be agreed to or ordered by the judge while divorce is pending or during separation. It generally takes income into consideration and the immediate needs of the parties.
- Permanent Order - This is more subjective and is determined at the end of a case based upon several factors. The parties can agree and may never need to go to court regarding support. Some of the factors considered when making permanent orders are age, health, education, earning capacity, present income, duration of marriage and marital standard of living.
Because no two situations are the same, each case must be considered on its own merits. It can be very complex to come to a fair, reasonable amount for support. In order to ensure that your rights are protected, it is important that you contact a Riverside divorce lawyer from the Albright Family Law Group right away. We provide services in Corona & Moreno Valley as well!
My ex-spouse quit his job. Does he not have to pay me?
You can ask the court to impute an earning capacity if a party terminates his own employment. The court may impute income based on what he was earning at the job he terminated.
My wife was the higher-income earner during the last half of the marriage. Will I still have to pay her support?
There are many factors that are considered when determining if spousal support will be ordered. If your wife is the higher-income earner when support is addressed by the court, it is unlikely that the court will award her spousal support; in fact, you may be awarded spousal support if you earn less than your wife. The court could reserve jurisdiction on the issue of spousal support and allow the parties to come back to court at a later time to request spousal support.
I am 56 and plan to retire in 4 months. I will earn less money than my ex-spouse when I retire. Can I ask the court to terminate my spousal support order since my income will be less than my wife's income?
Typically, the court cannot compel you to work after age 65. If you voluntarily retire at 56 years old, a strong argument can be made that you should be ordered to continue paying spousal support because you lowered your income before the age of 65 on your own accord.
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