In the San Jose area, it is not uncommon for one spouse to stay home while only the other continues to work. Many find this to be a very agreeable arrangement—the monetary needs of the household are met, while the children in the home have constant parental support. However, this situation can bring up a number of complications should the marriage end.
If you were the supported spouse, do you know what your rights are? Do you know how much alimony you are entitled to? In situations like this, it is important to have an attorney on your side. It is our goal to help you understand your rights and to help you receive a fair settlement from your ex-spouse.
The first thing you must understand about alimony is that there is no hard-and-fast rule to determining what is owed to the supported spouse. Each case is different and, in the end, the final decision is left to the judge. However, here are a few basic factors that will be considered, based on the laws of the State of California:
- Your personal ability to support yourself, based on your marketable skills and how much your earning ability was impaired due to periods of unemployment during your marriage
- The extent to which you contributed to your spouse’s education, training, career, or obtainment of a license
- Your ex-spouse’s ability to pay alimony, based on earning capacity, income, assets, and standard of living
- Both your and your ex-spouse’s needs, based on standard of living established during the marriage
- Your and your ex-spouse’s obligations and assets
- The duration of your marriage
- Your ability to find employment without interfering with your children’s best interests
These are just a few of the factors that the law outlines, and all will be considered in your alimony case, in addition to any other factors that the judge deems pertinent.
Our team can help you to determine what factors may be considered so that we can negotiate a fair settlement between you and your ex-spouse.
The attorneys at our law offices have over 50 years of combined experience in family law. With this experience comes the knowledge you need on your side in order to reach a fair settlement for your alimony case.