Can You Get Or Contest Spousal Support?

If you and your spouse have disparate incomes, spousal support (also known as alimony) may be an issue in your divorce. Under a traditional marital situation where one party works outside the home and the other is a stay-at-home parent, need for spousal support is easier to establish. Today, however, spousal support has become a more difficult issue in our society, where most households have two working partners.

More than ever, it is important to have a divorce lawyer on your side who understands the ins and outs of spousal support law. Attorney Brian Cochran is a Certified Family Law Specialist. He has litigated every type of spousal support issue, from the W-2 wage earner, to military pay personnel, to high-end earners such as doctors. Each case is unique, but each case is handled meticulously and with vast professional experience.

Learn how we can put our experience to work for you in your spousal support case by calling 619-567-5703 or sending us a message.

Establishing Spousal Support In California

At the beginning of your case, the court will use guidelines established statewide to set a temporary support amount. This is known as maintaining the status quo, to allow the parties to divide assets and debts and look to the estates of each party at the end of the case.

Then, the court will look at factors set in the California Family Code to determine whether to award permanent or ongoing spousal support, and how much. Unlike with temporary support, the court may not use guidelines, but considers factors such as:

  • The lifestyle of the parties
  • The age and health of the parties
  • The length of marriage
  • The education and earning capacity of each party

These can be complex issues. Often, parties must go through the discovery process (information-gathering process) to establish actual income, especially if you or your spouse is self-employed. Thus, we strongly recommend working with a Certified Family Law Specialist like attorney Brian Cochran. In addition to litigating spousal support successfully at the trial stage of the case, Mr. Cochran has successfully argued spousal support at the Fourth District Court of Appeal.

To discuss your case with us in a free consultation, please call 619-567-5703.

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