Spousal Support

From their office in Oxnard, the attorneys at Richard Ross Associates help people throughout Ventura County and parts of Los Angeles and Santa Barbara counties in obtaining a divorce under California law, including advocating for a spousal support order that is fair to their client and meets their needs after the dissolution of the marriage.

Spousal support, commonly known as alimony or separate maintenance, is not automatically awarded in every case.  Instead, whether support is awarded, as well as the amount and duration of any award, are determined by the judge at a hearing in court.  The judge may order either spouse to pay support to the other, in accordance with the evidence presented at trial.  

It is possible to obtain a temporary order for spousal support while your case is pending.  Depending upon your county of residence, the court may apply a formula to calculate the amount of temporary support.  In determining a final order for support, however, the judge will consider a variety of factors.  These factors include:

• The length of the marriage
• The current income and potential earning capacity for each spouse
• Each spouse's financial needs
• The age and health of the spouses
• Child-raising expenses of the custodial parent, including whether the custodial parent will be able to work or need to stay at home to care for the children
• How the couple handled money during the marriage
• Current assets and debts
• Contributions made by one spouse during marriage toward education or training for the other
• Tax implications of an award on both spouses
• Any history of domestic violence within the marriage

Support payments may be ordered to be paid in one lump sum, although often they are paid out periodically over a period of time.  A definite duration may be established to allow the receiving spouse time to become self-supporting, or the award may be for an indefinite period.  In either case, support usually terminates in the event that the receiving spouse dies or remarries.  Also, a support order can later be modified by the court if the party seeking a modification can prove that there are sufficiently changed circumstances to justify an adjustment.

Seek Experienced Legal Representation

The legal team at Richard Ross Associates includes attorneys experienced and adept at finding effective solutions for their clients in a divorce proceeding.  Contact our office for advice and representation regarding a spousal support award or other aspect of your divorce.