Alimony and Spousal Support Issues
Alimony. Spousal maintenance. Spousal support. They are actually the same thing. However, for some ex-wives and husbands, it is their only financial security today as they look toward an uncertain tomorrow.
Spousal support may seem like an antiquated concept from the days of single heads of households, but is still very much a part of California divorce law. Our laws are very specific about qualifications for spousal support. At Kearney Baker, we have helped clients in Pasadena, South Pasadena, San Gabriel and throughout Los Angeles County understand the legal details of spousal support and how they will affect your divorce.
We Will Handle The Details
Sorting out the spousal support laws portion of your divorce case can be tremendously detailed work. Laws, calculations, enforcement, modifications, tax reporting issues all play their own critical roles. You will be glad you have a seasoned lawyer tackling these issues.
Duration – The life of a spousal support agreement depends on each case. The presumed correct length is one-half the duration of the marriage, for a marriage of less than 10 years.
Amount – The amount of spousal support is based upon the needs of the receiving party, and the paying party’s ability to pay. The factors considered in determining needs are length of the marriage, health of both ex-spouses, age, interruption of careers, if any, and current skills and education.
Taxes – Assuming that spousal support is a part of the written agreement or judgment, and ends with the death of the recipient, spousal support is taxable to the recipient and deductible to the party responsible for payment.
Insurance – Once a divorce is finalized, medical insurance is no longer available to that person as a spouse, though under COBRA, a divorced spouse may continue with insurance for a period of 36 months. Full premiums are the responsibility of the divorced spouse.
We Will Get You Through It
When filing for spousal support, or defending yourself against having to pay, emotions can run high. We make it a point, as both lawyers and sympathetic human beings, to help make the process as worry-free as possible.
How To Start
Contact Kearney Baker for an initial consultation so we can help you understand how current spousal support laws could influence your decisions.