Spousal support or “alimony” paid or received after a divorce is often a heavily negotiated matter. The spousal support lawyers at Moradi Saslaw have an impressive record of courtroom victories and negotiated settlements in these matters involving high-net-worth individuals. We help you determine the appropriate amount and duration of spousal support. We develop fair proposals that protect our clients’ futures.
What are the considerations in Spousal Support?
There are two stages of spousal support: temporary spousal support and post-divorce spousal support.
Temporary Spousal Support
Support paid after separation but before the divorce is finalized. In general, temporary support is based on a state or county formula that takes into account the parties’ incomes (or in some cases, earning capacities), tax status, and tax deductions.
Post-divorce Spousal Support
Support paid after the divorce is final for either (a) a specific length of time, or (b) in some cases, indefinitely. The court has wide discretion to determine the appropriate amount and must consider the following factors:
The length of the marriage
The standard of living established during the marriage
When cost-effective and appropriate, our attorneys will work with outside specialists to advocate for the fairest and just award for you. We may use forensic accountants to determine the income available for support. When dealing with a spouse who is not employed or not earning at his/her capacity, we work with vocational specialists to determine the earning capacity of that spouse. Given the numerous factors affecting the amount payable from one party to the other, it is important to receive thorough and sound legal advice.
What causes modifications?
To change court-ordered support, one of the parties must request a formal modification of the original support order. The court may agree to modify support if there is a change in circumstances of either party that affect the support owed, including:
A change in income, assets, or debts, for either party
Hardships suffered by either party
Retirement of either party
Changes in tax consequences
The San Francisco spousal support lawyers at Moradi Saslaw work diligently to help our clients protect their futures. Developing a fair spousal support proposal is essential, whichever side of the support you are on. Our experience, education, and determination will be the key to your success in this situation.