Santa Barbara Attorney Glenn L. Robertson Counsels Clients in Spousal Support Matters
Also known as "alimony," spousal support is the payment one spouse makes to the other spouse after a divorce to help the supported spouse maintain his or her standard of living experienced during the marriage. Its purpose is to provide a spouse financial support for a sufficient period of time to allow that spouse to obtain the skills necessary to achieve a reasonable standard of living without assistance.
Not all divorces result in spousal support; in fact, only 10-15% of divorces or separations involve alimony. However, if spousal support becomes part of your divorce decree, it can be debilitating financially. Spousal support attorney Glenn L. Robertson is a certified specialist in family law and has over 20 years experience in alimony and child custody matters. For more information on this topic see the Spousal Support FAQ's page.
Factors that influence the amount of support
California Code §4320 establishes the factors a court must consider when establishing spousal support.
- What is the earning capacity of each spouse?
- Did the supported spouse contribute to the education or career of the supporting spouse?
- What is the ability of the supporting spouse to pay?
- What was the standard of living established during the marriage?
- What are the liabilities and assets of each party?
- How long was the marriage?
- Can the supported spouse get work without disruption to the well-being of dependent children?
- What is the age and health of each party?
- Is there evidence of domestic violence?
- What will be the tax consequences to each party?
- What will be the relative hardships of each party?
- How long will it take the supported party to be self-supporting?
Whether you are the supporter or the supported, Glenn L. Robertson presents your case in the most favorable light taking these factors into consideration.
Duration of support
The length of time alimony lasts depends upon a number of factors. Generally, if the marriage has lasted less than ten years, spousal support extends for half of the time the marriage lasted. If the marriage was longer than ten years, alimony can last much longer. However, Section 4320 of the California Code mandates that the supported spouse must become self-supporting at some point. The supporting spouse bears the burden of establishing that the supported spouse no longer needs the support.
Modification of support
In most cases, alimony can be modified, but it is difficult without assistance from an experienced spousal support attorney. The supporting spouse has the burden of proof to show that support should be modified. Attorney Glenn L. Robertson knows how to assess the spousal support order and compare it to the current situation of the parties.
If your support payments have become unfairly burdensome, contact Glenn L. Robertson today
Certified family law specialist Glenn L. Robertson is available to answer your spousal support questions. Contact him online or call his Santa Barbara office today at 805-963-3535 to schedule a consultation.