Alimony, or spousal support, is often one of the most contentious aspects of a divorce. It’s designed to provide financial assistance to the lower-earning spouse and is intended to help them maintain a standard of living similar to what they experienced during the marriage. However, determining the amount and duration of alimony isn’t a simple equation. It involves many factors that the court carefully considers. If you’re facing divorce in California, understanding these factors is important. The good news is that Kendall Gkikas & Mitchell, LLP is here to help. Keep reading to learn more about how alimony is calculated and why having an experienced alimony attorney in Orange CA is essential!
The Length of the Marriage
One of the primary factors the court considers when determining alimony is the length of the marriage. In California, marriages are categorized as either “short-term” or “long-term.” A marriage of fewer than 10 years is generally considered short-term, and alimony is often awarded for a period equal to half the length of the marriage. For marriages lasting 10 years or more, the court may not set a definite end date for alimony. It is more likely to continue until the receiving spouse remarries or either spouse passes away.
The Standard of Living During the Marriage
Another critical factor in alimony calculations is the standard of living established during the marriage. The court aims to ensure that both spouses can maintain a lifestyle like what they were used to while married. This involves looking at the couple’s income, assets, and overall financial situation during the marriage. The court will evaluate everything from housing and transportation to leisure activities and vacations. The goal is to avoid a significant disparity in living standards between the two parties after the divorce.
The Earning Capacity of Both Spouses
The court also considers the earning capacity of both spouses when calculating alimony. This includes each spouse’s current income, job skills, work experience, and the job market for those skills. In some cases, the court may award rehabilitative alimony, which is temporary support to help the lower-earning spouse gain the necessary education or training to become self-sufficient.
Contributions to the Marriage
The contributions each spouse made to the marriage, both financial and non-financial, are also considered in alimony calculations. This includes direct contributions such as income and indirect contributions such as staying home to raise children or supporting the other spouse’s career. The court recognizes that these contributions have value and may impact the alimony awarded.
Why You Need an Experienced Alimony Attorney in Orange CA
Navigating alimony calculations in California requires a thorough understanding of the law and a strategic approach. At Kendall Gkikas & Mitchell, LLP, we are dedicated to helping you achieve the best possible outcome in your alimony case. As your trusted alimony attorney in Orange CA, we offer personalized attention and legal guidance to ensure that your interests are protected. Contact us today at 909-482-1422 to schedule a consultation and discuss the specifics of your case.
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