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Should you fight for spousal support during your divorce?

On behalf of Morna Challoner of Challoner Law on Tuesday, February 11, 2020. The financial changes a divorce will bring to your life can be significant. You may have to make lifestyle adjustments and other changes that will affect your plans for your future and your daily spending habits. This is especially true if you earned significantly less than your spouse during your marriage or you did not work outside of the home. If this is the case for you, you could be eligible for spousal support. These are payments from the higher-earning spouse to the lower-earning spouse in order to offset the economic inequity often brought about by a divorce. These payments can be long term or short term, depending on your individual financial situation and other factors. If you plan on pursuing this type of support, it may help to learn more about the factors that often affect eligibility. What will you get?  Each divorce and financial situation is different, and the amount of support you will receive depends on the specific details of your individual case. Some of the factors a court will consider when determining a spousal support amount include: Age and physical condition of both spouses Financial condition of both spouses Ability of one spouse to support the other How long the marriage lasted What the standard of living was while married How long will payments last? If you are capable of working, the court may decide that you will get these payments for a limited amount of time and you will be required to make every effort to become self supporting.  This may mean you will need to go to school or prepare to reenter the workforce. In some cases, the court may determine that it is appropriate to grant the recipient permanent spousal support. Most of [...]

2020-03-02T22:47:59+00:00Categories: Alimony, Blog|Tags: |

Everything you wanted to know about alimony

Everything you wanted to know about alimony On behalf of Morna Challoner of Challoner Law posted in Alimony on Friday, July 14, 2017. Making the decision to divorce isn't always the easiest, as many Santa Rosa families already know. There are many factors at play that are affected by the dissolution of marriage, so it's important that a family makes the decision that is best for them. When the decision to go ahead with the divorce is put into action, what comes next might feel like foreign territory and often those involved have many questions. When it comes to alimony, how might it impact a divorce and the people involved? Alimony is a name given to spousal support that defines when one divorced spouse is court-ordered to give regular financial payments to the spouse at a financial disadvantage after a divorce. Not all divorces will result in an alimony determination, but for those that do, it is meant to balance out the financial inequality between divorced spouses. For example, some marriages see an imbalance in personal and career growth in lieu of family life or child-rearing. Alimony can help to bridge the gap for spouses who are at a financial disadvantage after divorce greatly affects their financial situation. A lot of this has to do with standard of living as well. Most courts allow for some wiggle-room in living standards as what one was accustomed to when a couple was co-habitation versus standards of living when single. However, spouses at a financial disadvantage are not expected to make a massive change in living standards. Alimony helps to close that gap, especially when one spouse does not have the earning potential that their ex-spouse does. When alimony is awarded, the amount will be finalized in the divorce decree. Either side may litigate for or against alimony, depending [...]

2020-03-02T22:20:10+00:00Categories: Alimony, Blog|Tags: |

What will a court consider when awarding alimony?

What will a court consider when awarding alimony? On behalf of Morna Challoner of Challoner Law posted in Alimony on Friday, September 8, 2017. California couples going through a divorce often have many financial concerns. This is especially true when it comes to spousal support -- also known as alimony. The person paying alimony may be concerned that they will be bled dry financially from an unfair award, while the person receiving alimony may be concerned about making ends meet financially, especially if they earn significantly less than their ex or if they stayed out of the workforce altogether while married, and are now facing re-entry in the working world. The state of California understands these concerns, and per law there are certain factors the court will consider to ensure that a spousal support award is fair. For example, the court will consider what each party can earn through work to have a standard of living that is similar to that they enjoyed while married. To make this decision, the court will look at the marketable skills of the party receiving alimony as well as what the job market looks like. If the party receiving alimony needs to go back to school in order to obtain a job, that will also be considered. If the party receiving alimony stayed out of the workforce while married in order to care for the family, this will also be considered. In addition, the length of the marriage will be considered, particularly with regards to how long a spousal support award will last. Under California law, the goal of alimony is to get the receiving party to a point where, within a reasonable period of time, he or she will be able to become financially self-supporting. In general, this amount of time is calculated as being around one-half of the length of [...]

2020-03-02T22:20:10+00:00Categories: Alimony, Blog|Tags: |

Why alimony and child support could be awarded in a CA divorce

Why alimony and child support could be awarded in a CA divorce On behalf of Morna Challoner of Challoner Law posted in Alimony on Thursday, September 28, 2017. When couples make the difficult decision to part ways, many will ask: "What's next?" Divorce and the change in living situation for both the ex-couple and children can seem like a daunting task. And, sometimes, alimony and child support is awarded, which can further complicate matters. Nonetheless, not all divorces have alimony and child support. However, for those that do, it is important to understand the difference, who pays and receives each and why. Alimony is different from child support and has little to do with children. It is awarded by the court when one spouse is at a financial disadvantage than the other spouse, due to the change in the financial situation when going from married to single. Often, one spouse will forgo a career and financial success to contribute to the marriage in other ways. Alimony can be awarded in the short and long-term to remedy this imbalance. Child support, on the other hand, is awarded when it is in the child's best interests to do so, and it helps separated parents to share the expense of raising a child. These two aspects are not to be confused for the other, and the funds should be tracked and kept separate from each other, even if one parent is receiving both alimony and child support. Understanding if one is a candidate to pay or receive alimony or child support cannot always be decided quickly. A divorce will require the spouses to report their financial positions and financial needs before the divorce decree is decided. This is why it is important to have an understanding of finances before beginning these discussions. It can help to determine a person's [...]

2020-03-02T22:20:11+00:00Categories: Alimony, Blog|Tags: |

Seeking alimony may be best for you in divorce

Seeking alimony may be best for you in divorce On behalf of Morna Challoner of Challoner Law posted in Alimony on Saturday, October 28, 2017. One aspect of a California divorce that often gives Santa Rosa residents a bit of anxiety is finances. Many worry that they will not be able to make ends meet or uphold their standard of living. If one has been married to their spouse for several years, one spouse often will forgo their own personal and career development in lieu of raising a family or other important jobs. Alimony helps to balance that disparagement. Financial stress can make a person hesitant to seek divorce. But, alimony could help ease stress since it is a customizable part of a divorce decree. Since alimony can be awarded in the short or long term, and for different amounts, seeking it can be the difference between making ends meet and struggling financially. At Challoner Law, we have helped many clients decide if seeking alimony is right for them. Divorce can be a challenging time of change for anyone. However, add the financial stress to the emotional stress that a divorce can bring and it can almost make a person second-guess their willpower in seeking a divorce. However, knowing that financial options are out there for those who have been married to a spouse with a big income disparage can be a huge relief. Alimony is different from child support as child support is ordered in the child custody agreement and alimony is solely between spouses, not children. It is entirely possible that a person could be awarded both child support and alimony in a Santa Rosa divorce. This will help the recently divorced family to get back on their feet and to maintain a similar lifestyle as compared to their post-divorce life. Expect negotiations on behalf of [...]

2020-03-02T22:20:11+00:00Categories: Alimony, Blog|Tags: |
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