When you expect to owe alimony to your ex-spouse, it’s natural to want to minimize your financial obligation as much as possible, and the reverse is true for recipients who understandably seek to maximize their alimony payments. Whenever long-term financial agreements come into play in a divorce, it’s easy for the situation to devolve into a bitterly contested legal battle. The right attorney is an invaluable asset in this situation who can help you make more informed decisions and understand the situation more clearly.
Your Newport Beach spousal support attorney can help you navigate each aspect of your divorce case, from initial court filings through discovery, financial disclosure, and negotiations with your soon-to-be ex-spouse. If you have a prenuptial contract in place, this document could act as a blueprint for your divorce and may even stipulate terms for spousal support. An experienced legal team can help you address the unique variables of your case and reach the best possible outcome.
Ultimately, you are far more likely to secure a favorable result in your divorce when you have reliable legal counsel advising you. While there is no strict legal requirement to hire an attorney for your divorce, doing so is well worth the investment when they can help you secure a divorce order that is suitable for your needs and goals. The Law Offices of Dorie A. Rogers believes in client-focused divorce representation, so we take time to learn as much as we can about each client’s unique circumstances to ensure we address their most pressing concerns in divorce proceedings.
Whether you want to avoid paying alimony if at all possible or maximize your spousal support payments from your ex, it’s vital to know how California determines alimony in a divorce. The community property law aims to minimize room for dispute when it comes to property division. Both spouses can keep their respective shared property and then divide all shared property and debt. However, a judge may determine that one spouse is financially disadvantaged and entitled to ongoing spousal support, or a divorcing spouse may seek alimony in their divorce petition.
The usual formula used to calculate appropriate alimony payments in a California divorce begins by taking about 40% of the income of the higher-earning spouse and then subtracting about 50% of the income of the lower-earning spouse. The result can form a baseline negotiating position to determine alimony. For example, if a higher-earning spouse earns $10,000 every month and a lower-earning spouse earns $4,000 every month, the alimony calculation would be 40% of $10,000, which would be $4,000, and then subtracting 50% of $4,000, which would be $2,000. $4,000 minus $2,000 would be $2,000, so this is about what the divorcing spouses could expect when it comes to their alimony agreement.
It’s important to remember that this formula can simply offer a baseline for negotiation purposes; it is not a hard-and-fast required calculation for alimony. Additionally, every alimony agreement will include unique terms and conditions. For example, if you are entitled to receive alimony from your ex, the agreement will stipulate how much you will receive, how often you should expect to receive payments, and how long payments will continue. The agreement will also highlight terminating actions or actions that would disqualify you from receiving further payments.