Keep Things Fair In Alimony Establishment
Alimony is a monthly payment made by one spouse to another in accordance with either a settlement agreement or a court decision. The purpose of alimony is to correct any unfair economic effects of a divorce on one party, such as when a stay-at-home parent suddenly needs a source of income. When a married couple gets a divorce, the court may award “alimony” or spousal support to one of the former spouses.
There are many factors that go into determining alimony. The attorneys at the Law Offices of Steven A. Dinneen P.C. can help you ensure an alimony settlement is fair, whether you are the payer or the recipient. We help clients in the greater Bay Area and Santa Clara County work through the legal processes associated with divorce, protecting our clients’ rights so they can move forward after a settlement is reached.
How Is The Amount Of Alimony Determined?
The purpose of alimony is to limit any unfair economic effects of a divorce by providing a continuing income to a nonwage-earning or lower-wage-earning spouse. Unlike child support, courts have broad discretion in determining whether to award alimony and, if so, how much and for how long. The Uniform Marriage and Divorce Act recommends that courts consider the following factors in making decisions about alimony awards:
- The age, physical condition, emotional state and financial condition of the former spouses
- The length of time the recipient would need for education or training to become self-sufficient
- The couple’s standard of living during the marriage
- The length of the marriage
- The ability of the payer spouse to support the recipient and still support himself or herself
- Alimony and support orders
Although awards may be hard to estimate, whether the paying spouse will comply with a support order is even harder to gauge. We are committed to guiding you through the process of establishing alimony and ensuring those payments are properly received.
Prepare Yourself For Alimony Establishment
Alimony is often deemed “rehabilitative,” that is, ordered for only so long as is necessary for the recipient spouse to receive training and become self-supporting. If the divorce decree does not specify a spousal support termination date, the payments must continue until the court orders otherwise.
If you are looking to receive alimony, or believe that you might be ordered to pay, we can help ensure things are fair and you receive a fair settlement. Contact us at our San Jose office by calling 408-645-0011, or email us here to schedule your initial free 30-minute consultation. See our link below for more information:
Guide to Spousal Support (pdf).