Gilbert Fisher Spousal Support Law Blog on Lawyers.com

Fresno Spousal Support

Spousal support, sometimes referred to as “alimony”,  is usually granted at the court's discretion upon a determinationthat maintenance is necessary for one spouse or the other. Some of the factors considered when determining spousal support payments include the education of the spouses, their respective work experiences, income histories, ages, health, the length of the marriage, and the time either spouse has spent out of the work force.

Spousal support may be either temporary (sometimes called "rehabilitative support") or permanent. There are many advisory guidelines that lawyers refer to while counseling their clients about spousal support issues and one of the strongest reasons for retaining an experienced family law office like Fisher & Leiser.

Spousal Support calculations have been determined differently throughout American history as the structure of typical marriage has evolved. In short, spousal support allows the dependent spouse to receive payments for his/her day-to-day necessities, such as food, clothing, shelter, and health insurance. Permanent spousal support involves the payment of support after a divorce is granted and until a further court ruling modifies or terminates the requirement.

Permanent spousal support may be prearranged in situations regarding long-term marriages or in situations where one party cannot earn a living due to a disability or injury. Such alimony is typically paid on a monthly basis, but in certain circumstances may be paid in a lump sum.  The court can also grant temporary spousal support when one spouse has been disadvantaged.  With respect to how long temporary support can last, the parties can either agree to a timeline or have the court mandate the length of the support period.

Once the court has determined who is to pay spousal support, the next issue that arises is the method of payment and duration of spousal support.

Spousal support generally is payable on a monthly basis until terminated by court order or by cohabitation or remarriage by the spouse receiving the support payments. However, an agreement allowing for a single lump sum payment may be reached depending on the circumstances of the case, the parties' desire to have such an arrangement, and the paying spouse's financial ability to make a single payment. There are advantages and disadvantages of lump sum support, and they should be considered with your attorney before the absolute support settlement is finalized.

Spousal support that is ongoing is also subject to modification, or termination, if circumstances change. Such circumstances might include a change in the relative income of the parties, or other factors. If you feel that you are paying too much in support payments, or receiving too little, you should consult with an attorney regarding a possible modification.

If you are getting divorced you may have the right to collect spousal support, or to a modification of an order already in place.  Contact a Fresno alimony attorney.

Fisher & Leiser - spousal support law firms in Fresno
600 W. Shaw Avenue, Suite 100
Fresno, CA 93720
Phone: 559-892-0365