Spousal Support Attorney
Spousal support attorney Ventura County, California
Spousal support, also known as spousal maintenance or alimony, is monetary support provided by one former spouse to the other following the termination of a marriage. Spousal support is awarded by the court to assist one spouse start their post-divorce or separation life. The end goal is to help the dependent spouse maintain the standard of living they had during the term of their marriage. While alimony can also be settled outside of court in a mutually negotiated private agreement, a competent spousal support attorney in Ventura County, CA can help you reach a fair deal more efficiently.
A spousal support order is by no means an automatic outcome when a California couple divorces. In fact, this is among the most intensely contested issues aside from child custody and visitation, with men and women frequently in conflict over whether spousal support is needed at all and, if so, what amount is fair and reasonable.
In fact, alimony/spousal support is often considerably more complicated than issues of custody and child support; while the court takes into account a variety of factors, including marriage length, sacrifices a spouse made, vocational ability and standards of living, there are no particular statutes that are set in stone that determine the final calculation.
As such, it becomes all the more important to partner with a skilled Ventura spousal support lawyer who can help protect your rights and interests.
We at Hartley Lamas Et Al are adept at compelling full disclosure of financial considerations – including locating hidden assets – and advocating aggressively for our clients’ financial interests. We will work directly with you to fully understand your and your loved ones’ unique situation and needs and will help you work toward an ideal resolution based on your circumstances that preserves your well-being in the long run. We encourage you to take decisive action and schedule a meeting today.
How a spousal support attorney in Ventura County, California can help
Need help asserting your need for financial support from your former spouse? Consider reaching out to our dedicated team of alimony lawyers. Here is what we can do for you:
Records and lists of assets
A spousal support attorney collects records and lists of marital assets and presents them before the court. This helps the court determine factors like what amount should be payable from one spouse to the other and how much is needed by the lower-income spouse for their social security.
A Ventura spousal support attorney also provides relief against debt repayments. It may so happen that the spouse responsible for paying off a debt misleads it as a joint loan. An efficient family lawyer can help against such debt repayments that should be attributed to the other spouse.
Negotiating spousal support
If you are going through a divorce and want to negotiate spousal support payments without taking the case to trial, an attorney experienced in complex and traditional cases is what you need. This way, an optimal out-of-court settlement can be reached between the former spouses.
Factors involved in spousal support cases
How is spousal support determined?
When you claim spousal support, the first question that must be answered is, how is the amount and duration of spousal support determined? A Ventura County spousal support attorney will help you determine alimony based on the following factors:
- The earning potential as well as the assets of you and your former spouse
- The duration of your marital relationship
- The severity of marital misconduct, if any
- The roles and functions of each spouse during your marriage
- The amount and duration required for the lower-income spouse to become financially independent
What disqualifies you from alimony?
While spousal support is awarded to help the supported spouse transition to life after the divorce, there are certain instances that can disqualify you from claiming alimony. The most common factor affecting spousal support is if both spouses are financially independent and can maintain the same lifestyle they enjoyed during their marriage. The reluctance of the receiving spouse in improving their finances can also disqualify them from alimony. Marital misconduct such as physical abuse, emotional abuse, abandonment, extra-marital affairs, etc., also leads to disqualification from spousal support.
How do you qualify for alimony?
To qualify for spousal support, you will need proof of dependency on your former spouse at the time of marriage. Also, the duration of the marriage needs to be determined before awarding spousal support. In California, any marriage that lasts for more than 10 years is considered to be of a long duration. The longer the marriage, the more amount is awarded and for a longer period. For marriages lasting shorter than 10 years, the duration and amount of support will have a different limit.
Who pays alimony in divorce?
It is often assumed that the former wife is entitled to alimony while laws on spousal support are gender-neutral. Either spouse may request spousal support. The determining factors are not limited to the gender of the spouse, in fact, the earning potential, marital misconduct, duration of the marriage, etc., determine who pays alimony in a divorce.
How much spousal support am I entitled to?
If you are entitled to spousal support, you can calculate how much is fair to be paid and for how long. While the guidelines differ from state to state, California has its own formula to calculate spousal support. For temporary spousal support, California follows the Santa Clara Guideline which states that spousal support can be up to 40% of the higher-income spouse’s net monthly income minus 50% of the low-income spouse’s net monthly income. As for long-term alimony is concerned, California does not use a formula for determining the amount and duration of spousal support. In fact, it depends on factors like earning potential, marital misconduct, duration of the marriage, etc.
Talk to a Ventura County spousal support attorney today
For an initial consultation to discuss key financial aspects of your divorce or other support-related issues, call or email us today. To get in touch and schedule an initial consultation with one of our best Ventura spousal support attorneys, call our office at (805) 639-0600 or email the firm.