Spousal support in a divorce can be a complicated, contentious, and stressful issue. While divorce is the end of a marriage, it is also the beginning of a new life chapter for both spouses. How your story continues may be affected by alimony determinations. This is true whether you are paying alimony or receiving it.
For more than 20 years, The Law Offices of Steven E. Springer has helped clients in San Jose and Morgan Hill, California navigate the legal complexities of divorce and spousal support so that they can get the fresh start that they deserve. If you are considering divorce, have started the process, or have already been served divorce papers, it’s important that you understand how alimony can impact your future.
Alimony is referred to as “spousal support” in California law. It can be awarded to help ensure that neither spouse ends up destitute after a divorce. The court has some latitude when deciding how much and how long spousal support should be awarded, and it takes into consideration a variety of different factors such as the length of the marriage, the financial contributions of each spouse to the marriage, and the earning capacity of each spouse, among many others. Alimony also is designed to be gender-neutral, meaning either spouse may receive or pay alimony.
There are four types of alimony awarded in California:
The overriding issue in determining alimony is that one spouse needs financial support and the other spouse is able to provide it. If the couple passes this test, the court will review information about the income, assets, expenses, and debts of each spouse to calculate temporary support.
For permanent and rehabilitative support, the court will consider the following factors:
Either spouse can request a modification to or the complete termination of an existing agreement if there is a significant change in circumstances. This could include things like losing a job, remarriage, or a supported spouse’s lack of progress toward becoming self-sufficient.
On California income taxes, the supported spouse must declare alimony as income and the paying spouse may deduct payments. Prior to December 31, 2018, the Internal Revenue Service (IRS) shared this arrangement. After changes to federal law, for divorces finalized after this date, the supported spouse is no longer required to report alimony as income and the paying spouse can no longer deduct payments from their federal income taxes.
The issue of alimony can often be complicated and contentious. It’s important that you have an experienced family law attorney who can advocate for you and your needs. There are lifestyle and income ramifications, as well as tax consequences involved with spousal support that last long after the divorce is finalized. This is not a legal battle you want to tackle on your own.
Countless clients facing the prospect of divorce have relied on The Law Offices of Steven E. Springer to help them navigate issues of alimony and spousal support modifications. If you live in San Jose, Morgan Hill, Fremont, Hayworth, Pleasanton, Alameda County, or Santa Clara County, call our office now to schedule a consultation. We’ll be able to discuss the details of your situation and outline a plan that can help you move forward.
Dealing with alimony issues can be extremely stressful for everyone involved. The Law Offices of Steven E. Springer is proud to help individuals and families navigate the issues of alimony and spousal support modifications. If you live in San Jose, Morgan Hill, Fremont, Hayworth, Pleasanton, Alameda County, or Santa Clara County, call or reach out to our office today to schedule a consultation. We can discuss the details of your situation and form a plan to help you move forward.