Ask a Family Law Attorney in Fontana CA: How Long Will I Have to Pay Alimony?
Posted on: October 15, 2018
A couple that is getting divorced likely has many questions. As a top family law attorney in Fontana CA, we have the answers you are looking for. one of the questions that is asked with the most regularity is how long alimony will have to be paid. Read on to get general answers to this question. If you want specific answers that pertain to your unique case, then we recommend contact Kendall Gkikas & Mitchell, LLP at 909-482-1422 for a consultation.
What is alimony?
First and foremost, let us make clear what alimony is. Also known as spousal support, alimony is when one spouse makes payments to the other spouse after a divorce or during the divorce process. Alimony requires a written agreement or court order that states how the payor will make payments and how much they will be for.
It depends on the type of alimony
There are a number of factors that will affect how long a person pays alimony. One of those factors is which of the two main types of alimony they are paying. The first is temporary alimony. It is generally made regularly by the spouse with the higher income. It is called temporary alimony because the purpose is to provide support during the divorce proceeding.
Temporary alimony ends when the divorce is finalized, which is when permanent alimony is often ordered. The point of temporary alimony is to ensure that the receiving spouse can continue their current standard of living during the divorce process. Without it, the lower-earning spouse may not be able to financially afford to leave their spouse. A family law attorney in Fontan CA can better explain how the amount of alimony is decided.
Second is permanent alimony, also known as long-term alimony. Though the name may make it seem as though it lasts forever, this is not necessarily the case. It is granted to the spouse with lower earnings and is often paid out unless that spouse moves in with a partner or remarries. The purpose is to allow the receiving spouse to continue their standard of living.
A family law attorney in Fontana Can Help Achieve Fair Alimony
Ideally, your family law attorney in Fontana CA can help you and your spouse agree on alimony yourselves. If you cannot come to an agreement, then the judge will make a decision. Said judge will take a number of factors into consideration including the earning capacity of the spouse receiving alimony, the earning ability of the paying spouse, the financial needs of both, the obligations and assets of each spouse, how long the couple was married, and their age and health.
Note that alimony agreements are separate from child support agreements and should not be considered in conjunction with each other. Whether you are going to be paying alimony or receiving it, if you have questions then we urge you to contact Kendall Gkikas & Mitchell, LLP at 909-482-1422 now to schedule a consultation.