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Do I Qualify for Spousal Support After My Divorce, and for How Long?

Posted on in Spousal Support

Los Gatos spousal support and alimony attorneyAlimony, spousal support, partner support…whatever you call it, it can be a complicated process to determine whether you or your ex-spouse qualify to receive financial support during your divorce case. It is important to discuss your options with an attorney to determine eligibility for alimony, the amount of payments, and the length of time that the support will continue. Whether you are the payor or the payee, you will want to make sure that you are the decisions made will meet your needs and protect your financial security. 

How Is Spousal Support Determined?

Eligibility for spousal support, or partner support in the case of domestic partnership, must be determined in court. A support order can be established through a divorce, legal separation, or annulment, or as part of a domestic violence restraining order. Temporary support may also be granted by a court during litigation, with the final decisions regarding support being finalized in the divorce or legal separation agreement. 

The actual amount of the support payments will vary depending on many factors, such as how long the couple was married or in a domestic partnership, the standard of living, both parties’ incomes and potential incomes based on their education and experience, the children involved and care needed for them, debts, property, and much more. The presence of domestic violence may also be a determining factor. 

How Long Will Spousal Support Last?

The formula for setting an amount or length of time for spousal support payments is not uniform, and that is another reason why it is important to have legal counsel during your case. Often, spousal support is granted for a particular amount of time, during which the party receiving the support should have time to get back on his or her feet. Therefore, a period of a few years may be set. In other cases, the term of support may be much longer.

In some cases, spousal support may be modified or terminated due to a change in circumstances. If the person paying support loses their job or experiences a drop in their income for whatever reason, then he or she may not be able to afford to make support payments. If the person receiving spousal support is not making a decent effort to financially improve his or her situation, a change may be in order as well.

Contact an Experienced Spousal Support Lawyer in Los Gatos, CA

At the Law Offices of Benita Ventresca, we have experience in all aspects of family law, including spousal support. If your case may involve alimony, you should contact our experienced Los Gatos spousal support attorney and discuss your best options. Call 408-395-8822 to set up a free consultation today.

Sources: 

https://www.courts.ca.gov/1038.htm

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