Spousal support can be “temporary” or “permanent.” Temporary spousal support, or “alimony pendente lite,” can be ordered by the judge after a couple has separated but the divorce has not yet been finalized within the judicial system. Since divorce proceedings can take years to complete, temporary spousal support may be deemed needed so as to allow the payee spouse to keep her or his standard of living until “permanent” alimony can be awarded by the court.
Once a divorce or a legal separation proceeding is finalized, the judge may order “permanent” spousal support as part of the court judgment or decision. For a marriage less than 10 years, the courts will award support usually lasting no more than half of the length of time that the marriage endured, and order the spouse to search for gainful employment. For a marriage over 10 years, support is generally payable until death of either party, remarriage/cohabitation of the supported spouse or further order of the Court.
Section 4320 of the California Family Code specifies certain circumstances that a Court shall consider when determining the amounts and duration of the permanent spousal support to be awarded. These circumstances include the following: the marketable skills of the spouse to be supported and the job market for those skills; the amount of time and money that would be needed for the education or training of the spouse to be supported to acquire more marketable skills and get a job; the extent by which the earning capacity of the spouse to be supported was impaired because of domestic obligations; the earning capacity and other measures of ability to pay of the spouse to be ordered to provide alimony; the duration of the marriage; the marital standard of living of the divorcing or separating spouses; the assets and liabilities, as well as separate properties, of the spouses; their age and health condition; whether there was documented evidence of any history of domestic violence between them; whether there was criminal conviction of an abusive spouse; and the immediate and specific tax implications of the spousal support on both parties.
Amicably divorcing or legally separating spouses can on their own initiative write their own spousal support settlement agreement, specifying duration, amounts and other terms and conditions of their own choosing, which they can submit to a judge for approval.
Dear Emily Robinson, Thank you for your services and helping reach a settlement. I would definitely recommend you to anybody who needs a good attorney to handle a divorce case.Regards, GD
Dear Emily Robinson, I greatly appreciate your tireless effort in fixing this difficult situation. Thank you so much and God bless you!Regards, E
Thank you so much for all your support and help! You can't imagine how glad and calm you make me feel ...
Thank you for being our angel!Regards, G
Emily Robinson, I know I have said it in some form or another before, but THANK YOU for all that you have done to get me to this point. It sure took a village. You were the calm in the storm and always knew the way to get us thru the barrage of BS... I would not have wanted anyone else by my side throughout this. YOU are the one that made me feel I was not crazy at times. You are so sweet, supportive, realistic, clever, creative, wise, with amazing resilience, tenacity, and patience. Thank you for having my back always.Regards, BT
MY PRACTICE AREAS
What makes me qualified?Emily graduated from UC Hastings College of the Law and is a certified mediator. Prior to that, Emily attended UC Santa Barbara where she graduated with a B.A. in Psychology and a B.A. in Communication.
– How Initial Divorce Consultation Works
The attorney is going to want to know the facts of your situation. What’s been going on in your life that’s led to the divorce. What kind of property do you have? What your finances are like? And what kind of custody of schedules you like to see for the children. And to just kind of feel out how you have been planning. What you’ve been thinking in terms of the divorce.
Now if you have no plan and you haven’t been thinking of anything yet and you’re just sort of in a daze trying to figure out what to do which is the case for a lot of people. That’s absolutely fine. Just let the attorney know that and they can ask you the right questions to elicit the necessary information.
– An Overview of the Divorce Process
The basic process is one party will file for divorce. They will get a case number and get the documents back from the court. And, they will have those documents served to the other party. The other party has 30 days to respond to the divorce documents. Once that party responded, then the parties will exchange financial, income, and asset information and try work out a settlement. If you were unable to decide a settlement then we will set a trial date. The court will decide how to divide your property, your custody issues, and your support issues.