Trusted San Bernardino Spousal & Alimony Attorneys
Fighting for spousal support after a divorce is a challenge. San Bernardino Spousal Support Attorney at The Law Office of Joyce M. Holcomb has years of experience in spousal support law and has worked with many clients to resolve their Alimony cases with the best outcomes. Don’t go it alone in family court. Hire the best San Bernardino Alimony attorney to fight for your rights.
In a divorce case, either spouse may ask the courts for spousal support to help them transition from the joint income they enjoyed during the marriage to a single income (or possibly no income, as the case may be). The amount of spousal support that a spouse will pay depends on many factors. For one, the judge will take into account the former couple’s assets, income, and expenses to determine how much support to provide to the former spouse.
What is Spousal Support?
Spousal support refers to ongoing financial payments one spouse agrees to provide to the other after a divorce. Unlike child support, which specifically addresses the financial needs of children, spousal support is focused on assisting the receiving spouse with their living expenses to maintain a reasonable quality of life post-divorce. The primary purpose of spousal support is to address any economic disparities between the spouses that may arise as a result of the divorce. It recognizes that, during the marriage, one spouse may have been financially dependent on the other and may require financial assistance to transition to a self-supporting lifestyle.
Why Should You Work With a San Bernardino Alimony Lawyer?
Because there are many other variables that determine how much support each spouse will receive, it is important to consult a San Bernardino spousal support lawyer with knowledge in this area. The length of your marriage, the age of the parties, and future financial prospects all determine the amount and the duration of spousal support that will be ordered. Your San Bernardino alimony attorneys will work with you to determine how much support is entitled in your case.
What Factors Determine Alimony Payments?
California state law outlines specific factors that the court takes into consideration when determining the amount of spousal support to be awarded. These factors include:
- Length of the marriage: The duration of the marriage plays a pivotal role. Longer marriages often lead to a higher likelihood of spousal support. This is because extended periods of marriage may impact a spouse’s ability to swiftly re-enter the workforce.
- Income of each party: The court thoroughly examines the income of each party and takes into account whether one spouse is the sole provider or if both spouses contribute financially. The earning capacity of each spouse, irrespective of current employment, is also a significant consideration. Mental and physical health are factored in as they influence a party’s income-generating abilities.
- Needs of each party: Consideration is given to the needs of each party, especially if one spouse sacrificed a career to be the primary homemaker. The court recognizes that such individuals may require time to secure employment or acquire the necessary skills for the job market.
- Ability to seek work: The judge evaluates the physical and mental health of each individual. Impairments can pose challenges in seeking employment, and the court takes these limitations into account.
- Standard of living: The quality of life maintained during the marriage significantly impacts spousal support decisions. The court considers the accustomed standard of living for each spouse when determining the appropriate level of support.
Long-Term Marriages (10 Years or More)
In cases where the marriage has lasted 10 years or more, it is categorized as a long-term marriage. This designation allows for the possibility of permanent spousal support. The court’s primary objective in such cases is to ensure that the dependent spouse can maintain a reasonably established lifestyle post-divorce. The Law Office of Joyce Holcomb is committed to helping you maneuver these complex factors to secure fair and just spousal support outcomes.
Remarriage or Cohabitation
Typically, a spousal support order comes to an end after they remarry. The legal system recognizes the shift in financial circumstances that remarriage often brings. As a result, it terminates the obligation for spousal support.
Cohabitation, too, can be a factor when you want to modify spousal support. However, the threshold for considering cohabitation is more than a boarding house arrangement or a mere roommate. The court requires substantial evidence of a relationship, which may include a sexual connection, romantic involvement, or even a “homemaker-companion” dynamic.
In case your former spouse is cohabiting, our firm will take proactive steps to address this situation. We will petition the court to terminate spousal support or, at the very least, a reduction in the support amount. Our focus is on ensuring that our clients’ financial obligations are aligned with the current circumstances. We aim to achieve this by employing a strategic and professional approach to get the most favorable outcomes.
How Retirement Affects Spousal Support
The impact of retirement on spousal support is a crucial aspect of family law. When the supporting party retires at the age of 65 or older, there may be substantial grounds to request a termination of spousal support. The court often views retirement at this age as a valid reason for ending support obligations, considering it a natural transition in one’s financial circumstances.
However, if the supporting spouse opts for an early retirement, typically before the age of 65, the court may exercise discretion in denying a spousal support modification request. Early retirement decisions are subject to scrutiny as the court assesses whether the retirement choice was made in good faith. The court also seeks to find out if it was a strategic move to evade support obligations.
It is important to note that each case is distinct, and the outcome depends on the circumstances involved. The Law Office of Joyce Holcomb offers personalized legal consultations to review the specifics of your case.
Other Practice Areas and Resources:
- Child Custody
- Grandparent’s Rights
- Modification of Judgement
- Prenuptial Agreement
- Domest+ic Violence
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Trust the Spousal Support Lawyers at the Law Office of Joyce Holcomb to Handle Your Spousal Maintenance Negotiations
If you find yourself in need of assistance with spousal maintenance negotiations, don’t hesitate to reach out to us. Contact the Law Office of Joyce Holcomb today to schedule an initial consultation. Our team is ready to listen to your concerns, provide comprehensive guidance, and work towards securing the best possible outcome for your spousal maintenance matters.
When you are faced with an impending marital dissolution, don’t go it alone. The San Bernardino family law lawyer at the Law Office of Joyce M. Holcomb will give your case one-on-one attention and fight for your rights to a fair settlement. With a team of San Bernardino spousal support attorneys, well-versed in family law, you can rest assured that you will have the best representation possible. Call 909-889-7111 for a free consultation today.