Kathleen J. Smith, Attorney at Law
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Understanding your right to spousal support after your divorce

Divorce is a difficult time for every member of your California family, and it is normal for even two amicable parties to feel the stress and strain of this process. If you are facing the prospect of a divorce in the New Year, it is likely that you have serious concerns over your financial well-being.

It's normal to have money-related concerns during your divorce, and you may be wondering if it is possible to secure a divorce order that allows you the prospect of a secure financial future. One of the issues that you will need to address in order to understand your rights is spousal support. Depending on the details of your individual situation, it is possible that you have a rightful claim to spousal support

Who gets spousal support in a divorce?

Spousal support, or alimony, is financial support paid by one party to the other party after the divorce is final. This is to offset any financial imbalance that a divorce can bring, and these payments can last either for a specific amount of time or on a permanent basis. In most cases, the lesser-earning spouse would have a rightful claim to these payments. 

It is possible that two parties can negotiate a spousal support agreement without even needing the direction of a judge. If it is not possible to come to an agreement on this issue without litigation, a court will decide if spousal support is necessary, and if so, how much and for how long. Whether you are pursuing support through negotiations or in the courtroom, the following factors will likely come into consideration:

  • The length of the marriage
  • Any education you will need to re-enter the workforce
  • Your physical ability to hold gainful employment
  • Your financial capabilities before and after divorce
  • The standard of living you maintained during the marriage
  • Your spouse's ability to support you

Seeking financial support could be crucial for your stability in the future. You would be wise not to face these matters on your own.

Pursuing the future you deserve

When your marriage is over, your financial future is at stake. With experienced guidance, you can pursue a final order that allows you to move forward with confidence. If you believe that you could have a rightful claim to this type of support, you would be wise to seek a complete evaluation of your case before you agree to any offers.

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