When is Spousal Support Allowed?
Spousal support, also known as alimony, is a payment made by one spouse to the other for support during or after legal separation or divorce. A party can ask the court in his or her first filing to award temporary alimony to help the party meet expenses during the divorce. Similarly, a party seeking a domestic violence restraining order may also seek spousal support.
A judge must consider certain factors before awarding spousal support, such as the ages of the parties, the standard of living of the parties during the marriage, the earning capacity of both parties, and the length of the marriage or domestic partnership. Domestic violence committed by one party against the other may also be considered.
Spousal support generally falls into one of two categories depending on the intended purpose of the alimony. Rehabilitative alimony is intended to help a spouse get on his or her feet financially and usually is limited to a specific amount of time. Permanent alimony may include monthly payments, lump sum payments, annuity payments, or trust payments. Permanent alimony usually terminates upon the remarriage or romantic cohabitation of the receiving spouse or upon the death of either party.
The Law Offices of Judy L. Burger can assist you in pursuing or defending a claim for spousal support. Judy L. Burger is known for her aggressive representation of clients in high conflict cases in and around the San Francisco Bay and Sacramento areas. If you are in need of assistance regarding alimony, call us today to learn more about how we can help. Call (415)293-8314 in the San Francisco Bay area or (916) 631-1935 in the Sacramento area, or contact us online via our confidential inquiry form.
