Most couples contemplate divorce for a long time before they move forward. They know that ending a marriage isn’t as easy as just walking away – they’re facing a complicated situation. If you have children, it can be even more complex as you try to make decisions that are right for both you and the kids. Then you have to divide your property.
Finally, and perhaps most importantly, you’ll have to figure out how to live on one income. In order to ease the transition, it may be possible to get alimony, otherwise known as spousal support. In some cases you and your spouse can come to an agreement on alimony by working with a California family law attorney, but you may need to appear before a judge for them to make the decision. Either way, Law Offices of Torrence L. Howell is here for you. Read on to learn three important facts about alimony and then call us at (909) 920-0908 for a free case evaluation.
- If a judge decides alimony they will consider a number of factors
- There are several types of alimony
- Enforcing alimony can be difficult
If you and your spouse can’t come to an agreement on alimony then a judge will decide it for you. They will look at both of your ages, how physically capable you both are, and the state of your finances at the time you began the divorce.
They’ll also look at the earning capacity of the person requesting alimony as well as the standard of living they were used to. If one spouse earns a lot more than the other, and the standard of living with rather high, then it’s possible that there will be a significant alimony award. The court may also consider how long you were married and will consider how well the alimony-payer would be able to take care of themselves with a substantial alimony award.
In California, there are three main types of alimony. Transitional alimony is a single, one-time payment that’s to be used for the spouse who earns less to move to a new home, get a vehicle, complete their education, or complete other activities that the courts deem will help them become independent.
Rehabilitative alimony is awarded for a specific amount of time. The goal is to help the lower-earning spouse to take actions to further their education or otherwise improve their employability. The third option is lifetime alimony. This is only available if you were married for more than ten years. If it’s awarded, you’ll get monthly alimony until your spouse dies or you remarry.
Unfortunately, it’s not always as easy as getting alimony and then moving forward with your life. There aren’t specific legal ways you can force your spouse to pay – for example, you can’t garnish wages for alimony. You’ll need to go to court and get the judge to charge your former spouse with contempt of court.
To learn more about your options for alimony, reach out to Law Offices of Torrence L. Howell at (909) 920-0908 for a free case evaluation.
