Same-Sex Alimony Lawyer in California

Name: Bamieh & De Smeth PLC
Telephone: (805)643-5555
Price range: Free Consultation
Rating: 4.6

The legal status for same-sex couples in California has evolved over the years, particularly in terms of financial rights and responsibilities during divorce or separation. One critical aspect is alimony, also known as spousal support, which applies to same-sex couples just as it does to opposite-sex couples following the legal recognition of same-sex marriage. A same-sex alimony lawyer in Ventura can help obtain and protect your rights.

What is Alimony?

Alimony refers to court-ordered financial support paid by one partner to the other after a separation or divorce. It aims to support the lower-income spouse financially, allowing for an equal transition to a single life. California law recognizes two types of alimony: temporary and permanent.

Temporary alimony, also known as “pendente lite” which means “pending litigation,” is paid while the divorce case is still in progress. Its purpose is to provide immediate financial assistance for the lower-earning spouse until a final alimony decision can be made.

California has no set formula for calculating alimony, so both spouses maintain a similar lifestyle after divorce. If one spouse was accustomed to living a particular lifestyle during the marriage while the other could not do so due to lower income, then alimony may be awarded.

Legal Framework in California

California law does not distinguish between same-sex and opposite-sex marriages when it comes to alimony. Under family law, the same regulations and standards govern both. The essential components of alimony are the following:

Marital Duration

The length of the marriage plays a major role in determining the duration and amount of alimony.

For marriages lasting fewer than ten years, support is half the length of the marriage.
The court may not set a definite end date for support for marriages over ten years.

Factors Considered

The earning capacity of both parties
The established standard of living during the marriage
Contributions to one another’s career or education
Each partner’s age and health condition

Modification of Alimony

Either party may petition to modify the support amount if circumstances change dramatically. Reasons for modification include changes in employment status, income, or living conditions.

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Process of Seeking Alimony

For same-sex couples considering a separation or divorce, seeking alimony involves several critical steps:

Filing for Divorce or Legal Separation: Begin by initiating the divorce or legal separation process in the Superior Court.
Requesting Alimony: File a request with the court for spousal support. The request should include complete financial documentation.
Court Hearing: Attend a court hearing where both parties present their financial situations, arguing for or against the proposed alimony terms.
Judicial Decision: The judge evaluates the presented information and decides on the alimony award based on California’s legal guidelines and the case's specific circumstances.

Common Challenges

Despite California’s progressive stance on marriage equality, same-sex couples may encounter unique challenges such as:

Length of Relationship: Partners who have been together before the legalization of same-sex marriage may face difficulties in establishing the duration of their partnership.
Bias: Despite legal guidelines, parties may sometimes confront implicit biases that can affect the process.

Mediation

Mediation has become a popular method for resolving disputes related to alimony in divorce cases, including those involving same-sex couples. In California, mediation offers a confidential and flexible process that enables both parties to reach an agreement tailored to their unique circumstances. This approach provides a more personalized solution compared to traditional court proceedings.

Through mediation, both parties can engage in open discussions facilitated by a neutral third party, making expressing their needs and concerns easier. For same-sex couples, mediation can be helpful as it allows both partners to deal with the issues specific to their relationship. As a result, mediated agreements tend to have higher compliance rates, as they reflect jointly crafted solutions rather than court-imposed ones.

The Role of a Lawyer in Alimony Pursuits

Retaining a lawyer who specializes in family law is crucial for same-sex couples during a California divorce. A seasoned attorney can provide comprehensive guidance throughout the alimony process.

From the initial filing to the finalization of alimony agreements, your Ventura same-sex alimony layer helps prepare documentation, such as financial statements and evidence of contributions to the marriage, which can help achieve a favorable outcome.

Lawyers can also prepare for and minimize problems related to the length of the relationship by gathering testimonies and additional evidence showing the couple's commitment before marriage legalization. Moreover, skilled attorneys can adeptly represent clients in mediation settings.

Call Bamieh & De Smeth

If you and your spouse are working through alimony issues in a same-sex divorce, you need the assistance of a same-sex alimony attorney. Call us at (805) 643-5555 for help and to schedule a confidential case review. Our lawyers in Ventura have helped numerous clients in the past several decades to achieve a fair dissolution of marriage and just alimony settlements.