Knowledgeable Silicon Valley Spousal Support Attorneys
The issues of spousal support – whether it will be paid, the amount to be paid and when it can be terminated – are often of the utmost importance to our clients. As with child support issues, experience here counts.
At Silicon Valley Law Offices (SVLO), we have that experience. We guide our clients through the process of determining spousal support. We can also handle terminations, enforcement actions and modifications to existing orders. Call 650-546-7595 or email us to set up a consultation.
We serve clients in Silicon Valley and throughout the Bay Area. Our main office is in Mountain View, and we have an appointment-only office in Los Gatos.
Will Your Spousal Support Be Temporary Or Permanent?
In California, spousal support, often called alimony, can be temporary or permanent. Its purpose is to help a dependent spouse maintain their standard of living in a fair manner and for a fair period of time.
Calculating Temporary Vs. Permanent Spousal Support
Temporary spousal support is calculated using a similar method to child support determination. Permanent spousal support considers different factors and aims to match the marital standard of living.
Factors Influencing Spousal Support
Several factors play a role in determining spousal support, including:
- Each party’s assets
- Length of the marriage
- Age and health of both parties
- Standard of living during the marriage
For marriages lasting ten years or less, spousal support usually continues for half the length of the marriage. Longer marriages involve additional considerations to determine the duration of support.
The Tax Implications Of Spousal Support
Tax laws affecting spousal support have changed since the Tax Cuts and Jobs Act.
- For cases decided before January 1, 2019:
- The payor could deduct spousal support payments from their taxes.
- The recipient had to report these payments as taxable income.
- For cases decided after January 1, 2019:
- Spousal support payments are no longer taxable income for the recipient.
- The payor cannot deduct these payments from their federal taxes.
Understanding these changes is crucial for both payors and recipients.
Frequently Asked Questions About Spousal Support In California
As experienced divorce lawyers, we hear a lot of questions from clients. Here are answers to a few common ones.
How is spousal support determined in California?
In California, judges consider several factors when deciding whether to grant spousal support, also known as alimony. These factors include the length of the marriage, the standard of living during the marriage and each spouse’s earning capacity. Judges also look at the age and health of both parties, the ability of the paying spouse to support both themselves and the receiving spouse, and any history of domestic violence. The goal is to ensure that both parties can maintain a similar quality of life post-divorce.
Can spousal support be modified after it has been ordered?
Yes, spousal support can be modified after it has been ordered. Changes in circumstances, such as a significant increase or decrease in either party’s income, loss of employment or changes in financial needs can justify a modification. To initiate the process, the person seeking the change must file a request with the court. The court will then review the new circumstances and decide whether the existing support order should be adjusted.
What happens if the receiving spouse remarries or the paying spouse’s income changes?
If the receiving spouse remarries, spousal support generally ends. However, if the paying spouse’s income changes, either party can request a modification of the support order. Significant life changes like a new job, job loss or retirement can affect the amount of support. The court will review the new financial situation and decide whether to adjust the support order to reflect these changes.
Contact SVLO For Help Today
At Silicon Valley Law Offices, we understand the complexities of spousal support cases. Our attorneys are prepared to represent clients on either side of a spousal support case. We are committed to working diligently to help you through this challenging time.
Contact us today to discuss your spousal support needs. Call us at 650-546-7595 or use our email form to set up an appointment and discuss your concerns.