Will Spousal Support Apply In Your Divorce?

In California, as part of the divorce process, one spouse may be entitled to receive support payments. Different from child support, alimony is not determined by a computerized program. Rather, it is calculated by reviewing a number of factors specifically enumerated within the family code, including the length of the marriage and the earning capacity of each spouse.

For nearly 20 years, attorney Michael P. McDeavitt has been providing family law services to men and women throughout the Tri-Valley area and the East Bay. A Certified Family Law Specialist, he helps divorcing spouses reach equitable agreements for spousal support, child support, property division and other divorce-related matters.

Contact us to schedule a consultation about your case. We represent clients in the Tri-Valley and surrounding areas.

Spousal support is often granted on a temporary basis and can be ordered in any amount necessary for the support of the recipient. The alimony is then utilized to maintain the living conditions and standards of the individual, as closely as possible, pending divorce trial. At trial, the support will be reviewed and may be set permanently.

Determining the amount of spousal support is much more time-consuming than the process used for determining child support. In child support calculations, a computer program known as the DissoMaster is used to set the amount due for the child. However, when establishing alimony, there is no computerized formula. Rather, each factor must be taken into account and presented to the court. Unfortunately, this leaves significant room for error and the possibility that the end result will prove unfair to one party.

There is a method available that takes into consideration the rights and concerns of each party: divorce mediation. In mediation, you are better able to keep a spousal support plan in your control instead of taking your case to court. You can address any issues such as hidden income or actual income, especially if one is self-employed or working for a family member. Further, you are able to recognize and work through significant implications of spousal support, including tax penalties and Social Security benefits.

As an experienced attorney for both husbands and wives, Michael P. McDeavitt assists clients, through mediation or through traditional litigation, with the following support issues:

  • Temporary spousal support agreement
  • Permanent spousal support modification
  • Spousal support enforcement

Whether you are creating a new spousal support plan and want to make sure that it is fair, or are modifying an existing plan to account for changing income or expenses, contact our firm for a consultation with a Certified Family Law Specialist.