It is not uncommon to have a disparity in income between two spouses, or for one spouse to take care of household duties while the other spouse works. In many instances, an impending divorce may cause concern regarding the lesser-earning spouse’s ability to care for his or her needs. In these cases, a court may issue an order that requires one spouse to pay spousal support. A claim for spousal support can affect the rights and obligations of both parties, and it is crucial for anyone seeking a divorce to understand the impact of an order granting support. At Daprile-Bell Family Law Offices, our San Jose spousal support lawyers are skilled at helping people seek fair outcomes in spousal support claims, and we can advocate aggressively on your behalf. We routinely represent spouses in divorce matters throughout Silicon Valley, including people employed by tech companies from Santa Cruz to San Francisco. Spousal support is often one of the largest amounts when one spouse works for a Silicon Valley company and we are experts at looking at support from every angle for both the employed spouse as well as the spouse who stays at home with the children or has the lower paying job.
Grounds for Awarding Spousal SupportGenerally, spousal support aims to diminish any economic hardships that a lower-earning or non-working spouse will suffer following a divorce. A court may consider numerous factors in assessing whether spousal support is warranted, such as the age, health, and financial assets of each spouse, the length of the marriage, and the standard of living that the couple enjoyed during the marriage. The court may also weigh the earning capability of each spouse, the ability of the paying spouse to provide financial support, and whether either spouse has engaged in domestic violence. To help our clients present a clear and accurate picture of the financial status of each party, the spousal support attorneys at our San Jose firm often use forensic experts to uncover the full extent of an opposing party’s income.
Types and Duration of Spousal SupportIn California, there are numerous types of support that a court can order a spouse to pay, which vary in the duration for which they must be paid. Typically, in the beginning of the case temporary spousal support is paid and later the court must examine certain factors in awarding permanent spousal support. We have forensic experts that we use when needed to obtain high awards for our lower earning spouses as well as to limit awards when we represent the higher earning spouse.
Temporary spousal support is typically requested while the divorce is pending, and it is paid from the time of the request until the divorce is finalized. Temporary support is designed to help the party receiving the support cover the cost of living and legal expenses until any community property is divided and distributed. Our San Jose spousal support attorneys specialize in these awards and have garnished a reputation for getting the best awards for our clients. Notably, either party can seek a modification of a spousal support order by showing a substantial change in circumstances, such as an increase or decrease of either party’s income.
Explore Your Options With an Experienced Family Law AttorneyIf your spouse or you intend to seek spousal support, it is critical to retain an attorney who will fight to protect your interests. At Daprile-Bell Family Law Offices, we can help you pursue a solution that meets your needs. We take special care to help prevent the spread of COVID-19, including sterilizing our offices and common areas regularly, requiring our staff and attorneys to wear masks, and providing a waiting area on our front porch to reduce contact. We also meet with clients via Zoom and stagger any in-person meetings in our offices. You can reach us through our form online or at (408) 918-0920 to set up a consultation with a spousal support lawyer in San Jose to discuss your next steps.