Lump-Sum Spousal Support
Lump-sum alimony is awarded when one of the spouses forfeits their share of community property or assets. In essence, it’s a payment for their share of the property.
What Determines Type, Amount, and Duration of Alimony?
The following factors will be used to determine the type, amount, and duration of spousal support:
- The length of the marriage
- Age, mental health, and physical condition of the requesting spouse
- The financial resources of the requesting spouse
- Current employment status
- The couple’s earning capacity and the standard of living that was established during the marriage
- Any history of domestic violence or abuse between the parties
- The time required for the requesting spouse to acquire additional job training, skill, or education to enable them to secure proper employment
Changes to Current Alimony Agreement
Under California laws, to modify a current alimony agreement, you have to show that there has been a significant “change in circumstances” since the initial alimony order was made. Some reasons that may prompt you to modify an existing alimony agreement include:
- The receiving spouse no longer needs it
- The paying spouse has a significant drop in income
- The receiving spouse is not making a reasonable effort to be self-supporting
- New marriage
It is important to remember that the court cannot change the amount of spousal support you owe prior to the date you file the request to modify the amount. So, if you lose your job, you need to file your request right away. Even though your hearing may not occur for a few months, the judicial officer can grant you relief back to the date that your motion was filed.
Duration of Alimony
As a general rule, spousal support in California will last for half the length of a short-term marriage (marriage less than 10 years) while the alimony duration for a long-term marriage (marriage of at least 10 years) may continue indefinitely depending on the decision of the court. Hiring a knowledgeable California family law attorney is crucial when deciding alimony arrangements during a divorce process.
How Legal Counsel Can Help
According to the CDC, there were 787,251 divorces and annulments in the United States in 2017. California’s rate is as high as 60 percent. Divorce and spousal support cases can be complicated and fiercely contested. Cases involving spousal support often require a trial. If you are preparing for a divorce, it is crucial that you consult with an experienced spousal support attorney immediately to receive proper guidance on alimony arrangements.
At the Law Office of Shelly Jean John, I understand that the alimony process is emotional, and every case is unique. I have dedicated my career to handling family law matters such as those related to divorce, alimony, partner support, child support, and child custody. As an experienced California spousal support attorney, I will provide you with the comprehensive guidance you need to set up or modify spousal support arrangements.