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(Alimony / Palimony)

Spousal support, formerly referred to as alimony when paid to an ex-wife or palimony when paid to an ex-husband, is the legal function requiring one spouse to financially support the other spouse during and/or after a dissolution of marriage or legal separation by making specified periodic or monthly payments out of a portion of the payor's income. This generally results in the higher-wage earning spouse paying the lower-wage earning spouse certain monthly amounts for a specific duration of time. The amount of each payment and the total duration of spousal support can be affected by child support orders, the eventual division of property, and a domestic violence restraining order.

There are two types of spousal support: temporary and permanent. Temporary spousal support is paid while the dissolution of marriage or legal separation action is pending. Permanent spousal support, while not always “permanent” in duration, is spousal support paid after a judgment is entered in a dissolution of marriage or legal separation case. Temporary spousal support is usually calculated pursuant to an algebraic equation similar to the guideline child support formula. Among the figures used by the court in calculating temporary spousal support, the court considers each party’s gross income and any child support payments. For permanent support, the amount and duration are determined pursuant to a series of factors set forth in the California Family Code, and not according to the temporary support equation. Although there are specific rules for determining both permanent and temporary spousal support, there are a great deal of exceptions and other facts and circumstances that allow for alternate calculations and deviations from typical support formulas. Contact us today at (510) 208-1954 or (415) 906-9486 to find out whether you can benefit from an alternative calculation or deviation.

The court has a broad discretion in determining both the amount and length of time at which spousal support will be paid. Given the court’s wide discretion to make spousal support orders based the particular facts and circumstances of your case, the strategic, knowledgeable, and personalized advise and counsel The Law Office of Ian Van Leer will be an invaluable help to you throughout this process. Whether it is contending factors to either reduce or increase a spousal support obligation, The Law Office of Ian Van Leer can help you obtain your desired results.

Contact The Law Office of Ian Van Leer for a consultation at (510) 208-1954 or (415) 906-9486.



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