Divorce brings all kinds of challenges and financial changes. As a result, you may have questions about spousal support and whether you will receive it or be required to pay. An Agoura Hills alimony lawyer is ready to answer your questions and provide the advocacy you need. When it comes to your financial security following divorce, our team of dedicated attorneys is here to help.

Types of Spousal Support in Agoura Hills Cases

The purpose of alimony is to provide the lower-earning spouse with some level of support after divorce. Courts will look at each spouse’s age, health, financial condition, earning capacity, and standard of living when deciding what type of support is appropriate and how much.

A lawyer in Agoura Hills could help someone determine how much spousal support they should pay or receive and in what form. There are five general categories of alimony, each depends on the specific facts of a case.

  1. Temporary: This is money paid to the lower-earning spouse during a period of separation but before the final judgment of divorce. Temporary alimony ends once a couple is officially divorced.
  2. Permanent: This form of spousal support is a monthly amount paid by the higher-earning spouse upon divorce and until death or remarriage of the dependent party.
  3. Rehabilitative: This kind of support is designed to help the lower-earning spouse go back to school, learn a skill, or otherwise prepare for financial independence. It is limited in time and amount.
  4. Reimbursement: If a spouse goes back to school and pays tuition, they may be entitled to this kind of support, designed to help with education or retraining.
  5. Lump-sum: For various reasons, there may be a one-time payment that meets alimony obligations. Sometimes, this takes the place of some distribution of marital assets.

Once a court determines the type of alimony, the question becomes how long spousal support should last. Except in the case of permanent alimony, spousal support typically ends within a certain amount of time. In general, the amount and duration of alimony depend on the length of the marriage. In marriages of less than ten years, the general rule is that support will last half the duration of the marriage.

Determining the Amount of Spousal Support

California Family Code §4320 sets out the factors for parties and courts to consider in determining the appropriate amount of spousal support. Courts may look at a spouse’s marketable skills as well as the economy and job market. If one party has stayed at home to raise children, for instance, courts consider how this may affect their earning ability.

Other situations that may impact spousal support include whether one spouse contributed to the success of the other, or what obligations could impair one party’s ability to pay alimony. If there is a history of domestic violence or one party has a criminal conviction, this also may come into play. A lawyer in Agoura Hills could explain some of the other statutory factors that determine the amount of spousal support.

Speak with an Agoura Hills Alimony Attorney

A lot is at stake when couples divorce, and decisions made at this time can affect you for many years. One essential element of the final settlement is alimony. Whether you want to receive it or need help determining how much you may have to pay, our team of Agoura Hills alimony lawyers are ready to work with you. To get started on your case, call today.

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Hoffer Family Law Firm

Hoffer Family Law Firm
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WHAT COVID19 MEANS FOR ALL OF US AND FOR YOUR CASE

As you know, we are now living in uncertain times.  Our society has shifted in ways that were completely unexpected 3-6 months ago.   As a result, our priorities and actions need to shift as well.  Remember, we cannot control the wind, but we can always adjust our sails.   The Courts here in Southern California are closed for the foreseeable future.  The Los Angeles County courts are taking filings and are hearing emergency matters.  The Ventura County Courts are hearing emergency matters but are not taking filings at all.   Currently, both court systems are scheduled to re-open in mid-May; however, given the current state of affairs, it is likely that the closures will be extended. 

So, how do we adjust our sails?   We set you up for success for when the Courts re-open, your case will be ready to go. 

1.  Video Consultations:  All you need is a phone, an iPad, or a computer with a webcam and a microphone and we can have a video consultation.    Please click here to schedule. 

2. For Divorce Cases:   For existing cases in Ventura County, we can prepare your disclosures, create a discovery plan and ready your case for when the court opens again.  For Los Angeles County, we can file your Petition and related documents, prepare your disclosures, create a discovery plan and ready your case for when the court opens again. 

My Advice to you! 

3. Be physically and emotionally healthy!   There is a lot of humor circulating about how people are gaining weight and getting drunk during this period.   Don’t give in to that.  This is the time to take stock and improve on those things you always wanted.  It means reading that book you wanted to read.  It means taking that online course you always meant to take.  It means gaining that skill that you didn’t have time for.   It also means not letting your divorce case sit unattended.  There is always work to be done.  Let us handle it for you. Take this period of time to be proactive! 

  Thanks for taking the time to drop by. 

Jeffrey L. Hoffer

Certified Family Law Specialist – located in Agoura Hills, CA.