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orange county spousal support; The Maggio Law Firm

What You Need to Know About Alimony Before Divorce

orange county spousal support; The Maggio Law FirmWhen you are facing a divorce, you need to be prepared for the reality i.e. alimony payments to your spouse. There are some countries or states that refer to alimony also as “maintenance” or “spousal support”. This is an active component of the divorce system of many countries all over the world. In case your earning is significantly higher than that of your spouse and both of you are married for several years, there is a lot of possibilities that you have to pay alimony to your ex-spouse after your divorce comes through. But, if the marriage has lasted for only a short duration, the court may not order for the alimony. Moreover, when you and your spouse are earning almost the same amount of money, you may not be required to pay alimony.

But in case the court has asked you to pay alimony, you need to pay a specified amount of money every month until the time:

  • Your ex-spouse gets married again
  • The judge sets a date many years in the future
  • Your kids are no longer in need of a full-time father or mother at home
  • The judge is of the view that even after a reasonable time has passed, your spouse did not make enough efforts to become at least partially self-supporting
  • Any other important event like the occurrence of a retirement that makes the judge revise the alimony amount to be paid to your spouse
  • When any of the ex-spouses dies

Just like any other issues that arise in a divorce, you and your spouse can sit together and sort out the matter related to the amount and duration of the payment of alimony. But, if both of you cannot come to a conclusion and decide to knock the court’s doors, chances are that a trial will take place, which can cost you a lot of money and time.

When you are expected to pay alimony

Simply because you are required to pay alimony to your ex-spouse, it does not mean that you are not a good person. Instead, you should regard it as the expenses of your marriage that you had thought would continue until one of you die. However, that did not happen for-what-so-ever reasons. The history of alimony has been continuing for hundreds of years. Though it is not ordered that frequently these days, it does not mean that the court will stop ordering one of the ex-spouses to pay alimony to the other party for good.

When you are expected to receive alimony

The decision on whether you are entitled to receive alimony or not depends on how much capacity you have to earn. Your earning could have changed from the time you approached the court for receiving your alimony. It also depends on the amount of money earned by your spouse and what was the standard of your living while the marriage lasted. You could be also asked to make some alterations in both your work and life. For instance, in case you are in a part-time job and it does not pay well, you may be needed to look around for a full-time job that is likely to pay you well.

Sometimes, experts known as “vocational evaluators” can be retained in a divorce case to determine the employability and job prospects of a spouse who has not been in a full-time employment for some time now. It is important to discuss this option with your divorce attorney.

Getting divorced in California can be complicated.  Download our free eBook, 18 Important Things to Know About California Divorce to educate yourself on the process.  

divorce_attorneyGerald A. Maggio is an experienced Orange County divorce and family law attorney and family law attorney located in Irvine, California, serving the Orange County and Riverside areas. Mr. Maggio assists clients with legal issues including divorce, legal separation, divorce mediation, child custody, prenuptial agreements, stepparent adoptions, and other family law issues. Mr. Maggio has practiced law in California since 1999, and founded The Maggio Law Firm in 2005, focusing exclusively on divorce and family law matters.

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