San Jose Spousal Support Lawyer

Professional Spousal Support Attorneys Serving San Jose, CA

Spousal support (also known as alimony in other states) may be an issue in a divorce, legal separation or termination of domestic partnership. Our San Jose Spousal Support Lawyer’s goal is to make sure the non-earning or lower income earning spouse does not suffer economic harm as a result of the divorce, legal separation or domestic partnership termination. Spousal support can be ordered to be paid to the husband or wife depending on the parties’ financial situation. Spousal support can also be ordered on a temporary basis during the pendency of the court case and/or on a permanent basis so support continues after a judgment is entered in the case.

Temporary Spousal Support

The goal of temporary spousal support is to provide for the other party (the lower-earning or non-earning party) during the pendency of the divorce, legal separation or domestic partnership termination.

Temporary spousal support is generally ordered based on county guidelines. The primary factor considered by Courts and taken into account by county guidelines is the relative incomes of the parties. However, ultimately the court has discretion regarding the amount of temporary spousal support to award and will look to the supported party’s need for the support and the supporting party’s ability to pay the support. The facts of a particular case should be presented to make sure the right amount and duration of support is ordered in a particular case. Also, if you are the supporting party, it is important that the other party be aware of his or her obligation to become self-supporting and the Court can order that process to be expedited.

Permanent Spousal Support

Permanent spousal support can be awarded to a spouse after judgment, meaning after the divorce or separation is final. Unlike temporary spousal support, the Court does not use a formula to calculate permanent spousal support. Instead the Court must consider the following factors under Family Code §4320 to determine the amount of support.

The Family Code §4320 factors considered by the Court are the following:

• The extent to which the earning capacity of each party is sufficient to maintain the standard of living established during the marriage, taking into account all of the following:
  • the marketable skills of the supported party; the job market for those skills; the time and expenses required for the supported party to acquire the appropriate education or training to develop those skills; and the possible need for retraining or education to acquire other, more marketable skills or employment.
  • The extent to which the supported party’s present or future earning capacity is impaired by periods of unemployment that were incurred during the marriage to permit the supported party to devote time to domestic duties.
• The extent to which the supported party contributed to the attainment of an education, training, a career position, or a license by the supporting party.
• The ability of the supporting party to pay spousal support, taking into account the supporting party’s earning capacity, earned and unearned income, assets, and standard of living.
• The needs of each party based on the standard of living established during the marriage.
• The obligations and assets, including the separate property, of each party.
• The duration of the marriage.
• The ability of the supported party to engage in gainful employment without unduly interfering with the interests of dependent children in the custody of the party.
• The age and health of the parties.
• Documented evidence of any history of domestic violence, as defined in Section 6211, between the parties, including, but not limited to, consideration of emotional distress resulting from domestic violence perpetrated against the supported party by the supporting party, and consideration of any history of violence against the supporting party by the supported party.
• The immediate and specific tax consequences to each party.
• The balance of the hardships to each party.
• The goal that the supported party shall be self-supporting within a reasonable period of time. Except in the case of a marriage of long duration as described in Section 4336, a “reasonable period of time” for purposes of this section generally shall be one-half the length of the marriage. However, nothing in this section is intended to limit the court’s discretion to order support for a greater or lesser length of time, based on any of the other factors listed in this section, Section 4336, and the circumstances of the parties.
• The criminal conviction of an abusive spouse shall be considered in making a reduction or elimination of a spousal support award in accordance with Section 4324.5 or 4325.
• Any other factors the court determines are just and equitable.

California Family Code Section 4320.

The duration of permanent spousal support varies. While named permanent spousal support, it is not necessarily permanent. Typically, if a couple is married for less than 10 years, the court will order spousal support for no more that ½ the duration of the marriage. On the other hand, if the couple was married for more than 10 years, spousal support may be ordered longer than ½ the term of the marriage, and depending on the parties’ circumstances may continue until the death of either party, remarriage of the supported spouse, or further court order.

Due to the quantity and complexity of the Family Code §4320 spousal support factors, the issue of permanent spousal support can be a highly litigated issue, requiring legal expertise.

The San Jose Spousal Support Lawyers at Aeschleman Law can help you determine your permanent spousal support rights or obligations, and then will advocate aggressively to protect your interests. The family law lawyers at Aeschleman Law can assist supported spouses in obtaining the spousal support they are entitled to. Conversely, if you are a supporting spouse or being asked to pay spousal support, Aeschleman Law will advise you in taking steps to minimize your obligation as well as advocate for you in Court if settlement is not possible.

Gavron Warnings

A Gavron warning places the supported party on notice that s/he is expected to become self-supporting. This warning informs the party of the consequences of a Gavron Order. Gavron warnings are discretionary, and the Court does not need to issue such a warning. In fact, in some cases, the Court may justifiably have no expectation that the supported spouse will or should be employed in the future. Gavron warnings may be a precursor to a future reduction or termination of permanents spousal support, particularly if a spouse does not comply with the Gavron warning.

However, a Gavron warning need not be issued in order to reduce or terminate spousal support in the future. Rather, the only requirement is that the supported party is aware that he or she is expected to become self-sufficient in the future. This may be inferred from submitting to a vocational exam or even a stipulation addressing the spouse’s ability to obtain future employment.

Richmond Orders

A Richmond Order applies to long-term marriages. A Richmond Order is given at the discretion of the Court when it finds that spousal support should terminate on a fixed date, unless the supported party, prior to the date of termination, can demonstrate good cause why the Court should not terminate. See In re Marriage of Richmond, (1980) 105 Cal. App.3rd 352, 356. The supported party must demonstrate the aforementioned good cause to modify the amount of support and/or the duration prior to the specified termination date. After the specified termination date is reached, the Court no longer has jurisdiction over spousal support, and consequently, it does not have the authority to make orders/modifications regarding this issue.

The primary goal of a Richmond Order is to put both parties on notice that the supported party is expected to become self-supporting by the termination date. The order supports the legislature’s public policy goal behind Family Code §§4320(b) and 4330(l), which is to ensure that both parties can be free of obligation to one another. The primary effect of a Richmond Order is that it shifts the burden onto the supported spouse, dissuading him/her from unreasonable delay in becoming self-supporting.

Richmond Orders will generally be granted unless 1. Spousal support is not ordered or only ordered for a fixed and short duration, 2. The circumstances of the marriage warrant true permanent spousal support, or 3. The supported spouse does not have the capacity to become self-supporting.

Our San Jose Spousal Support Lawyer at Aeschleman Law can assist you in determining whether a Richmond Order is appropriate in your case.

Lump Sum Buyouts

If a temporary or permanent spousal support order is appropriate, parties may also agree on a lump sum buyout. This is an exchange of a one-time payment or scheduled payments of funds for a waiver of an order for ongoing monthly spousal support. This approach is sometimes preferable when parties want to sever all ties, do not want the monthly obligation of paying support or waiting for payment of support, or when parties are looking for certainty as to the amount to be paid or received.

If you are navigating the complexities of spousal support in Santa Clara County, Aeschleman Law is here to help. As a leading San Jose spousal support lawyer, we provide unwavering support to individuals dealing with family law matters. Whether you are the receiving spouse seeking financial stability or the one party responsible for alimony payments, our experienced team is dedicated to securing your financial future.

<h3″>Understanding Spousal Support: Temporary and Long-Term Alimony Explained

Spousal support, also known as alimony payments, is a critical issue in many family law cases. Courts often order spousal support payments to ensure that one spouse can maintain a reasonable standard of living following a divorce. For marriages that lasted many years, long-term spousal support may be necessary to facilitate a smoother financial transition for the receiving spouse. However, the court’s decision depends on the specific situation, including the financial interests and needs of both parties.

Temporary support is another option for individuals requiring immediate assistance during the divorce process. This type of support provides financial help to the spouse in need until a final decision on long-term spousal support is reached. At Aeschleman Law, we understand the importance of setting specific conditions that align with the best interests of our clients.

Property division and spousal support are often interconnected. When determining the amount and duration of financial support, the court considers factors such as the length of the marriage, the financial situation of both parties, and whether a prenuptial or postnuptial agreement exists. These agreements can set specific conditions for spousal support and significantly impact the outcome of the case.

Adapting to Life Changes with Comprehensive Legal Support

Many times a change in circumstances such as job loss or a new marriage requires a modification to an existing order. Aeschleman Law helps clients navigate these changes so that any changes reflect their current situation and needs. If you feel an existing order no longer serves you, we are here to advocate for you.

Spousal support can also impact other parts of a divorce settlement including child support. Our firm takes a holistic approach to family law matters and addresses all support issues to get an fair result. We protect our clients’ rights while minimizing the emotional and financial trauma of the process.

As a trusted Bay Area law firm, our San Jose family law attorney is committed to providing personalized representation tailored to your specific conditions and circumstances. Whether you need assistance drafting a postnuptial agreement, modifying an existing order, or understanding your rights and obligations, our San Jose spousal support lawyer is here to guide you every step of the way. Contact us today to discuss your unique situation and secure the financial support you deserve.

Get a San Jose Spousal Support Lawyer to Help Fight For You!

The experienced spousal support attorneys’ at Aeschleman Law can work with you to evaluate a reasonable lump-sum payment of spousal support, and help negotiate an agreement for a lump sum payment. However, the Court has no jurisdiction or power to make this order if the parties do not agree to it.

Aeschleman Law is located in San Jose and serves Santa Clara, Alameda, and San Mateo Counties. Call us today for an initial consultation at (408) 724-8930. You may also contact us by filling out the form at the bottom of this site.