Spousal support
SPOUSAL SUPPORT ATTORNEY SERVING THE SAN FRANCISCO BAY AREA
Spousal support is among the most contested issues in a California divorce. The amounts involved can be substantial, the duration can span years, and the financial impact on both parties is real and lasting. Whether you are seeking support or facing a request to pay it, having experienced legal representation is essential.
The Geller Firm represents clients in spousal support proceedings throughout the Bay Area, including Alameda, Contra Costa, Marin, San Francisco, Santa Clara, San Mateo, and Solano counties. Every client works directly with Attorney Michael Geller.
WHAT IS SPOUSAL SUPPORT IN CALIFORNIA?
Spousal support, also called alimony, is a court-ordered payment from one spouse to the other following separation or divorce. Its purpose is to address the economic disparity that can arise when one spouse earns significantly more than the other, or when one spouse left the workforce during the marriage to raise children or support the other's career.
Spousal support can be awarded on a temporary basis during the divorce process, on a long-term basis as part of the final judgment, or both.
WHAT IS THE DIFFERENCE BETWEEN TEMPORARY AND PERMANENT SPOUSAL SUPPORT?
Temporary spousal support is awarded while the divorce is pending. Its purpose is to maintain the financial status quo during what can be a lengthy legal process. California courts calculate temporary support using the same guideline formula applied to child support, which is based primarily on each party's income and the existing custody arrangement.
Permanent spousal support, despite its name, does not necessarily last forever. It is the support ordered as part of the final divorce judgment, and its amount and duration are determined by a different, more nuanced analysis. California Family Code section 4320 sets out 14 factors a court must consider, including the length of the marriage, each spouse's earning capacity, the standard of living established during the marriage, the supported spouse's needs, and the paying spouse's ability to pay.
There is no formula for permanent spousal support. The outcome depends on how the evidence is presented and how each factor weighs in the specific circumstances of your case.
HOW LONG DOES SPOUSAL SUPPORT LAST IN CALIFORNIA?
Duration depends on the length of the marriage and the circumstances of each case. For marriages of less than ten years, support is generally awarded for half the length of the marriage. For marriages of ten years or longer, California law gives courts broader discretion, and support may continue indefinitely in some cases, subject to modification or termination if circumstances change.
Support typically terminates upon the death of either party or the remarriage of the supported spouse. Cohabitation by the supported spouse may also be grounds for modification or termination.
CAN A SPOUSAL SUPPORT ORDER BE MODIFIED?
Yes. Either party may seek a modification of a spousal support order if there has been a material change in circumstances. Common grounds include a significant change in either party's income, job loss, retirement, or a change in the supported spouse's financial needs.
Modifications require a court petition and supporting evidence. An attorney can help you evaluate whether your situation meets the legal standard and present the financial picture in the most accurate and persuasive way.
WHAT CAN AN ATTORNEY DO IN A SPOUSAL SUPPORT CASE?
The financial analysis in a spousal support case is often where cases are won or lost. Income can be characterized in multiple ways, particularly for self-employed individuals or those with variable compensation. Expenses can be inflated or understated. Earning capacity, not just actual income, is a factor the court considers.
An experienced attorney ensures that the financial picture presented to the court is accurate, complete, and positioned to support your interests. The Geller Firm can seek temporary or permanent support on your behalf, petition to modify or terminate an existing order, and pursue enforcement if support goes unpaid.
SPEAK WITH A CALIFORNIA SPOUSAL SUPPORT ATTORNEY
If you have questions about spousal support, whether you are seeking it or facing a request to pay it, The Geller Firm is available to help. Consultations are offered in person or virtually throughout the Bay Area. You will speak directly with Attorney Michael Geller.
Contact The Geller Firm today to schedule your consultation.
