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Alimony or spousal support
payments may be agreed to or ordered by a court following a divorce
or legal dissolution of a marriage in Los Angeles, California. A judgment
regarding spousal support, or alimony, will take into
consideration two factors: what the amount of alimony will
be, and for how long this support should last.
The Amount of Alimony
When seeking a divorce or legal separation it is
recommended that both parties retain legal counsel. An
experienced divorce attorney can advise you of your legal
rights and responsibilities, while representing your
interests in discussions with other lawyers and in
California courts.
Generally, the legal representatives of both parties will
work to construct a divorce settlement that is mutually
accepted. If an agreement is reached, California courts will
usually uphold the agreement in their order for divorce. If
the parties cannot reach an agreement, a judge in the
California court system, will review the information
submitted by both parties and make a determination as to the
terms of the divorce.
It is usually in the best interest of both parties to
reach an agreement prior to going to court, as California
courts and judges have broad discretion when determining the
amount of alimony. They do have some general guidelines that
they are asked to follow and certain factors that they
should consider. These factors include not only the current
income of both parties, but the future earnings capacity of
the individuals. A judge may also take into consideration
the standard of living present throughout the marriage, and
the ability to maintain this standard of living for both
parties following divorce.
Other factors include: any resources one party may need
to get back to work, the impact of working at home during
the marriage, any contribution that may have been made to
the career or education of the other, the ability to pay
support, the assets and debts of the parties, how long the
marriage lasted, the age and health of the parties, as well
as a number of individual circumstances and situations that
the judge may wish to consider.
Once spousal support has been ordered, the court
maintains several options to ensure compliance with it's
directives. Officers of the court may issue contempt of
court charges that could result in fines, a jail sentence,
or both. The court also has the power to order the
garnishment of wages.
In addition the person owed alimony or support payments
can ask the court to seize the other person’s assets and
sell them off to pay off the debt. This type of action can
also be utilized against bank and deposit accounts in an
attempt recover support payments that are in arrears.
The Duration of Alimony
One of the most significant considerations in determining
the duration of support is the length of the marriage.
However, courts may also take into consideration how long
the individuals have been separated, and what the terms have
been of this transition between marriage and divorce. In
many cases, a rule of thumb frequently used is to order
spousal support for one-half the length of the marriage.
California Alimony Attorneys
Divorce can be a nasty affair, but it doesn't always have to
be. An experienced and caring Los Angeles California divorce attorney
will help you to reach a settlement in your best interest.
Divorce can be a painful and confusing time, you don't need
to feel alone - let us be of assistance.
Contact us online or call us
at 1-800-221-9963.
Related Information
Palimony in Los Angeles CA
Community
Property in California
Property Settlements
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