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SPOUSAL SUPPORT / ALIMONY

If you're in need of a family law attorney specializing in spousal support or alimony issues in California, look no further than Liu Law, Inc. We provide a wide range of legal services, customized to meet your unique requirements.

In California, the term "alimony" is commonly known as "spousal support." Its objective is to assist the spouse with lesser earnings in sustaining their standard of living post-divorce. Such support can be granted either during the divorce process or after its completion.

Support orders usually comprise recurring payments for a set timeframe, although one-time lump sum payments are also an option. It's crucial to understand that both parties can arrive at mutual agreements regarding the payment of support. Provided these agreements meet legal criteria, courts will honor them, even if they completely waive support for the lesser-earning spouse.

In California, the duration of spousal support is often correlated to the length of the marriage. For unions lasting less than a decade, it's uncommon for a court to mandate support for a time exceeding half of the marriage's duration. For marriages that extend beyond 10 years, no specific end date for spousal support is established during the divorce. Both parties retain the ability to request modifications in the future unless a termination date has been mutually agreed upon or a court decides to end the support in subsequent proceedings.

The methodology for determining spousal support in California is dictated by the state's divorce legislation, specifically under Section 4320, which evaluates various elements, including:

(a) The earning capacity of each party and their ability to maintain the marital standard of living, taking into account marketable skills, job market conditions, education or training needs, and potential retraining requirements.

(b) The supported party's contribution to the other party's education, career, or licensing.

(c) The supporting party's financial capacity, including income, assets, and standard of living.

(d) The needs of each party based on the established marital standard of living.

(e) The financial obligations and assets of each party, including separate property.

(f) The duration of the marriage.

(g) The supported party's ability to engage in gainful employment without adversely affecting dependent children's interests.

(h) The age and health of both parties.

(i) The documented history of domestic violence, including emotional distress and violence perpetration.

(j) The tax consequences for each party.

(k) The balance of hardships for each party.

(l) The goal of the supported party achieving self-sufficiency within a reasonable timeframe, typically half the length of the marriage.

(m) Consideration of a criminal conviction for domestic violence when making spousal support adjustments, per Section 4325.

(n) Any other factors deemed just and equitable by the court.

We highly recommend reaching out to our skilled team of lawyers at (909) 468-2170 to schedule a consultation. In this session, we'll conduct a detailed review of your legal standing and offer you in-depth advice and representation, customized to your individual needs.

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