Thinking of Getting a Spousal Support/Alimony Attorney in San Jose California?

Alimony, also known as spousal support, is one of the most difficult elements to assess when finalizing a divorce. In California there can be both “temporary” spousal support and/or “permanent” spousal support. “Temporary” spousal support is usually ordered based upon a guideline formula that takes into account the incomes of each party, various tax deductions, health insurance costs, and other factors. “Permanent” spousal support is not necessarily permanent, as for instance it generally ends by operation of law upon the death of either party, the remarriage of the party receiving the support, or it can end after half the length of the marriage when the marriage is shorter than ten (10) years in length. As with anything complicated like spousal support, there are many exceptions and special rules which can affect whether you can receive spousal support and/or the amount you will receive.

Whether you are seeking spousal support or are required to pay it, San Jose spousal support attorney John H. Perrott can inform you of the applicable rules and help you seek the best outcome. Our reputation of being aggressive in discovery and seeking out the relevant facts before the hearing makes us very effective both in negotiations and in court. With over 18 years of specialized family law experience, we also know that the best strategy to overcome this trying time is to work closely with your spouse's attorney to facilitate the process and strive for a beneficial outcome.
Spousal Support Alimony

Who gets Alimony?

Contrary to popular belief, it is not always a husband required to pay alimony to his wife when they go their separate ways during a divorce. An ex-husband can also receive spousal support from a wife. Alimony is generally paid when there is a large income gap between the spouses and the spouses have been married for a long time. If a wife is earning six figures a year and husband is working at minimum wage, a judge may award alimony to husband during the separation. Still, there's a lot to consider when it comes to spousal support -- just because someone earns less doesn't mean they will receive spousal support. California Judges make decisions that can include both the need for support as well as the ability to pay support, so when the low earner is already earning enough it is possible that the support order may be reduced or even eliminated.

How does the Court set the amount of Alimony?

For short term "temporary" support the Courts will generally use a guideline formula focused just on the parties comparative incomes, while with longer term (usually after the Judgment) spousal support the Court will consider the factors set forth in Family Code 4320, which states factors (a) – (n), which sounds like only 14 factors, but two of the factors also have sub-factors. With so many statutorily required factors for the Court to weigh, helping the Court to set spousal support is often about storytelling. You will want to convince the Court that you need more, and/or that the other party needs less. Telling your story well is why you should hire a good spousal support attorney. Spousal support AKA alimony is not one size fits all.

In making this decision, the court will take following factors into consideration:
  • Source of income and occupations of both parties
  • Age, mental and physical health of each party
  • Behavior and conduct of each party during the marriage
  • Duration of the marriage
  • Care for the children resulting from that marriage
  • Debts and assets acquired during the marriage
  • Future income of both parties

  • When does Alimony end?

    Spousal support can be regular (such as monthly payments) or a one-time lump sum payment, such as "give" to a spouse's house or property. This arrangements usually end if the receiving spouse remarries, cohabits, dies, or if a significant life-changing event occurs such as winning a lottery or being hired in a high-paying job. If you have any questions about divorce, child support, alimony, and more, please contact us today. Our spousal support attorney is happy to help you with your divorce.

    Let Our Family Law Specialist Guide You Through the Process

    Divorce Couple
    The decision of whether to hire a spousal support/alimony attorney to help your is entirely your decision, but in most cases handling your divorce on your own will not be your best decision. We have handled hundreds of child support, spousal support cases. You can rely on our firm to help you through this difficult process.

    San Jose Family Law Attorney John H. Perrott has over decade of experience in divorce and family law issues in California. He is a top-notch San Jose Divorce Lawyer and is committed to providing his clients with diligent and zealous advocacy in their divorce proceedings. If you need the assistance of a good Family Law Attorney to help your divorce case in California you should contact the Law Offices of John H. Perrott, A PROFESSIONAL CORPORATION, to set up a fee 30 minute initial consultation.
    1625 The Alameda, Suite 208
    San Jose, California 95126
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