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What You Need to Know About Alimony Before Divorce

When 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…

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Calculating Child Support And Alimony In A Divorce

Managing finances during divorce is a skill every individual who is heading for a divorce needs. It’s better to be mentally prepared for a financial loss than be unprepared at all. First there is the question of property. If you’re someone who has accumulated a lot of wealth during your marriage, then brace yourself for some financial damage unless you claim most of them to be a separate property. Next, if you and your spouse have considerable difference in terms of earnings, you might end up paying a certain amount as alimony. And lastly, if you have children and you…

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Concepts About Terminating Spousal Support

Terminating spousal support is a big issue. The party that is receiving the support wants to be supported for as long as possible and the party that is paying for the support wants to end it as quickly as possible.  There are reasons for ending spousal support, such as: The person getting the support may no longer need it as they are self-sufficient The person paying the support might not be able to afford to pay for it any longer The person getting the support is making no efforts to be self-sufficient The person getting the support has remarried How…

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Collecting Unpaid Alimony in California

Alimony is the money payable by the higher income earning party or spouse to the lower income earning party after the couple has separated or divorced. Usually, a family court issues an order stating the amount of alimony or spousal support payable by the financially more stable partner to his or her spouse until the latter can find a better job or marry someone else whichever is earlier. Remedies available to the aggrieved spouse to whom alimony is payable In the state of California, the judge considers 13 different circumstances when he or she has to determine the amount of…

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Does Adultery Affect Spousal Support in California?

When it comes to dealing with the cases of legal separation or divorce, the California courts follow the no-fault approach that specifically states that an individual is not required to prove the ‘fault’ of another party to obtain a divorce. This implies that a judge in California will not, under any circumstance, consider adultery or infidelity of a partner as a deciding factor while granting the divorce. However, there are certain considerations which a court might make in deciding the spousal support or alimony in an adulterous marriage. How adultery can effect the spousal support in a divorce More often…

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Can Spouses Convicted Of Domestic Violence Get Alimony?

Domestic violence is an unpleasant subject and has plagued the lives of many couples. The number of domestic violence cases are more than that which get reported every year. Domestic violence is often one of the grounds on which one spouse seeks divorce. In California, domestic violence can mean many different things and you should carefully read through the California law before proceeding with the case. Domestic violence in California California is a “no-fault” state but in certain cases like domestic violence fault is a factor. In California, fault is thoroughly examined when spousal supports are determined in a domestic…

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Important Factors Court Look At In Deciding Spousal Support

Spousal support or alimony is one of the most burning issues of a divorce or a legal separation. Many a times, the spouse who is required to make a hefty support payment might feel that it is quite unfair for him to carry on with the financial obligation towards their ex spouse even when the actual relationship ends. However, in order to make the alimony settlement with due fairness, there are several considerations that a judge must keep in mind while deciding upon the final verdict. Duration of the marriage or domestic partnership In cases involving a long term or…

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Understanding Spousal/Partner Support in California

In many divorce or legal separation cases, the court of law may arrange for a monthly financial support that one of spouse has to contribute to for his/her partner. The court of law stipulates a fixed amount called spousal support, partner support or alimony which has to be paid by one party to the other on a monthly basis. When to request for a spousal or partner support? One of the domestic partners or spouse can file a case for obtaining alimony in the court of law in the event of a divorce, legal separation, annulment or a restraining order…

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Maintain Records Of Your Alimony Payments Post-Divorce

Spousal support or alimony is payment by a spouse to another spouse after a divorce. Alimony is not always given by the courts. It is mostly given where the marriage was a long lasting one and income of one spouse is more than the other. It is also given where one spouse has been out of the workforce to manage the household or raise children. Alimony is tax- deductible for the person who pays. Conversely it is a taxable income for the recipient spouse. It follows that it is very advisable to keep all records when you pay or receive…

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Requesting a Modification in Spousal Support

There are several such divorce cases, wherein either spouse might want to request a modification in the amount of alimony he or she pays to the other partner. The state laws of California allow an individual to get his spousal support adjusted in due course of time only if the original court order does not carry specific clauses or statements that render the alimony ‘non modifiable’. We are listing a few common situations wherein an individual can request the court to modify his or her alimony. A mutual agreement with your spouse  In certain cases, both of the divorce partners…

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