Family Law - Spousal Support

Sacramento Spousal Support Attorney, Sacramento Alimony Lawyer

Spousal Support – Alimony
Alimony is the amount of money one spouse pays to the other, by court order, for support and maintenance. In recent years alimony, due to the negative connotations, has been referred to as maintenance or spousal support. Traditionally, alimony was awarded to the wife and paid by the husband. However during the 1970's and 1980's judges began to award alimony to the husband depending upon the circumstances. Alimony is awarded to either spouse in an effort to maintain the standard of living that both parties were accustomed to during the marriage.

Alimony awarded prior to the divorce is called pendente lite alimony. It is taxable income to the recipient and tax deductible to the payor. At the time of the divorce if alimony is awarded it can be one or a combination of the Permanent, Lump Sum, Temporary or Rehabilitative.

Generally the following factors may be considered when determining alimony payments:

• Duration of the marriage.
• Earning capacity of both parties.
• Age, as well as physical, mental and emotional state of each party.
• Other income, including but not limited to interest and dividends.
• The contribution by one spouse to education and furtherance of career of the other.
• The contribution of one spouse as a homemaker.

How much earning power will be affected by the parenting requirements of the custodial parent. The amount of alimony payments is generally calculated based on the above considerations. As with any other aspect of your divorce, if possible it is always best to negotiate alimony rather than have a judge arbitrarily determine if your situation is one that will include alimony and how much will be awarded.

Spousal support laws and procedures are very complicated and should not be handled without consulting an attorney first. Therefore it is imperative that you consult an experienced family law attorney before making any decisions regarding your divorce matters.

If you or a loved one in need of expert legal counsel contact
The Law Office of Robert N. Kitay. It is important to protect your legal rights.

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