Divorce is a complicated situation to go through and without the best California alimony attorney on your side, you could end up with an agreement that’s unfair to you. At Kendall Gkikas & Mitchell we will work tirelessly to ensure your interests are represented. Read on to learn more about the alimony rules in California and then call us at 909-482-1422 to request your appointment.
Many factors affect alimony in California
In California, deciding on alimony is not a simple matter. It’s possible that you’ll be able to negotiate your own spousal support agreement but if the divorce is contested, then a judge will decide on fair support amounts. This order from the judge will be included in your final divorce paperwork. When you work with an experienced alimony attorney like Kendall Gkikas & Mitchell, they will ensure the judge has access information on the following matters, which will influence the award:
- How long the marriage lasted.
- Whether or not there was a prenuptial agreement.
- The standard of living both spouses were used to while they were married.
- If there’s a history of domestic violence.
- The earning capacity of the person who’s requesting spousal support.
- Custody arrangements.
- The ability of the spouse to pay support.
- How the assets and debts have been divided.
- The health and age of both parties.
There are several types of spousal support
Many people don’t realize that alimony doesn’t have to be permanent. Even what’s known as “permanent alimony” isn’t actually permanent, unless the marriage lasted much longer than ten years and one spouse is incapable of every supporting themselves. Before you sign any agreement, it’s important to understand the following types of spousal support:
- Temporary alimony. This type of spousal support is given to ensure one spouse is taken care of during the divorce proceedings. It ends when a permanent spousal support agreement goes into effect.
- Rehabilitative alimony. When one spouse is non-earning or has low earnings, and they’re going through education or another type of training, rehabilitative alimony is awarded to support them until their education or training is completed and they can take care of themselves.
- Transitional alimony. In most cases, transitional alimony is a one-time payment. It’s awarded to give one spouse the chance to cover the expenses required as they transition to their own life. As an example, it may be used to purchase a car so that the spouse in question is able to commute and find a job.
- Permanent alimony. Despite how the name sounds, permanent spousal support doesn’t have to be permanent. The term refers that it is the amount of alimony the court included in their final order for spousal support. It lasts until a judge changes it or one of the spouses requests a modification to the order.
The key is to find a spousal support attorney who’s both fair and tough
Every divorce is different but one thing is typically true: alimony issues are complicated. They can affect other aspects of your separation, like dividing property and custody. It’s essential that you work with an expert attorney who’s both fair and tough. Contact Kendall Gkikas & Mitchell today to learn more about your options.