Alimony, which is sometimes called “spousal support” or “spousal maintenance,” frequently becomes a point of contention in Ventura divorce proceedings. The alimony attorneys in Ventura at The Law Offices of Bamieh & De Smeth, PLC, can help you efficiently resolve any alimony disputes that may have arisen between you and your spouse during the California divorce process. We can also help if you have already finalized your divorce and now require assistance modifying, ending, or enforcing spousal support orders. If your ex-husband or ex-wife has stopped making alimony payments, we can help you obtain the financial support that you are entitled to.
How Are Alimony Payments Calculated in California?
There is a common assumption or misconception that the person who pays alimony (called the “payor,” “obligor” or “supporting party”) always ends up being the husband, while the person who receives alimony (called the “obligee,” “recipient” or “supported party”) always ends up being the wife. In fact, alimony determinations are based upon financial factors, not gender. Moreover, alimony is available in same-sex divorce proceedings. Domestic partners can also seek support, which is called “partner support,” if terminating a domestic partnership. Our spousal support attorneys will make sure that you are not unfairly victimized by gender bias or other forms of discrimination in family court.
The purpose of alimony is not to punish the payor, but to help the recipient maintain the marital standard of living (MSOL) that was established during the marriage, with the expectation that the recipient spouse will work toward financial self-sufficiency within a reasonable period of time. Toward that end, there are numerous factors that courts consider when determining alimony in Ventura County. These factors are set forth under California Family Code § 4320, and include, but are not limited to, the following:
- Each spouse’s age and health.
- Each spouse’s debts and assets, such as property or vehicles.
- How each spouse’s tax obligations will be affected.
- How long it will take for the recipient spouse to complete the training or education required to become financially independent.
- The ability of the recipient spouse to work without having a detrimental effect on his or her children – for example, how many hours each day can the recipient be away from home? Will he or she need to hire a babysitter, or send the child to daycare?
- The recipient spouse’s marketable skills.
- Whether either spouse has a history of domestic violence, domestic abuse, or other criminal convictions.
- Whether the recipient spouse helped pay for the supporting spouse’s college education or other academic or professional training, and if so, to what extent.
- “The ability of the supporting party to pay spousal support, taking into account the supporting party’s earning capacity, earned and unearned income, assets, and standard of living.”
- “Any other factors the court determines are just and equitable.”
