Spousal Support in Fresno and Throughout California
Spousal support, or alimony, is a court order stating that one partner must afford monetary payments to the other (less economically well-off) spouse after divorce. It is usually taxable as earnings to the recipient, and is deductible to the payer. Spousal support used to be awarded to an ex-wife who had been married to her former husband for a long time, was faithful, and had no marketable skills so that she may have the benefit of the same quality of life she had enjoyed in the marriage; these days spousal support is gender neutral.
Spousal support can be one of the most difficult issues to resolve in divorce. Spousal support which is also referred to as alimony, is usually paid for duration of six months to a year for each year of marriage, and is indefinite for marriages of 10 years or longer.
Courts consider certain factors when ordering the payment of spousal support, including the length of the marriage, the age of the parties, their relative incomes, the tax implications of the spousal support award, any economic advantage or disadvantage due to marital breakdown, and arrangements with regards to child support and custody. In every case the situation can vary and therefore the awarding of spousal support can be permanent or temporary.
Permanent spousal support involves the payment of support after a divorce is granted and until a further court ruling modifies or terminates the requirement. Permanent spousal support may be prearranged in situations regarding long-term marriages or in situations where one party cannot earn a living due to a disability or injury.
Temporary spousal support is awarded to provide an underprivileged partner the chance to seek education, training, or know-how that will enable that spouse to get back on his or her feet and gain financial independence. Considering all of the unusual factors that can impact the award of spousal support, including the varying requirements under state laws, the advice and counsel of an experienced family law attorney can help explain your rights and obligations with respect to spousal support.
The Fresno law offices of Fisher & Leiser can help you work through all elements of spousal support and throughout your divorce case. Please email the Fresno Law Offices of Fisher & Leiser or call 559-892-0365 for a consultation.