San Jose Alimony Lawyer

Seabrook Law Offices helps clients negotiate and obtain alimony during and after divorces.

Alimony in San Jose

Ending a marriage is never an easy process, and it’s even more complicated if you earn less money than the other party. It can be hard to make the transition from sharing money to becoming self-sufficient. You may not even be sure how you’ll make ends meet. If you’re struggling, you might qualify for spousal support. Then, you can get extra money to help you maintain the lifestyle you had while married.

Our San Jose alimony lawyer can review your case to see if you’re eligible for support. If you are, we can negotiate with the other party or provide evidence to a judge during court proceedings. Contact us today to learn more about your options.

How is Alimony Calculated?

Judges consider numerous factors when determining spousal support. These factors include:

  • Earning capacity
  • Contributions during the marriage
  • Debts and assets
  • Length of the union
  • Age
  • Health
  • Tax implications
  • Hardships
  • Standards of living during the marriage
  • History of criminal activity or domestic violence

The judge can also consider additional factors. Your San Jose alimony lawyer can run calculations to get a better idea of how much you’re eligible to receive.

Types Of Alimony After Divorces In San Jose

Your San Jose alimony lawyer will review your case to see if you’re eligible for rehabilitative, reimbursement, or permanent spousal support. Most often, those who are eligible for support receive rehabilitative alimony. If your former spouse financially supported the household while you cared for children at home, you might qualify for this type of support. Then, the judge will issue the support order to help you financially while you complete your education or learn job skills. The goal is to eventually support yourself without alimony.

You might qualify for reimbursement support if you helped your former spouse further his or her education to increase earning capacity or improve job prospects. Your former spouse will continue to benefit from the advanced degree or training after the divorce, but you won’t. Thus, the judge might order the person to repay you for your contributions.

Finally, you might be eligible to get permanent support, but this is rare. As the name suggests, a permanent support order will be paid until one party passes away. It’s usually only ordered if you’ve been married for at least ten years. Also, you’ll need to demonstrate that you cannot enter the workforce. This could be due to illness or advanced age.

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Temporary Alimony In San Jose

If you’re struggling financially during the divorce proceedings, you can file for temporary alimony. This support order will be in effect while the divorce proceedings are active. However, the order will end once the divorce is finalized. At that point, you will either stop getting alimony or get another form of spousal support, such as permanent or rehabilitative payments.

Courts calculate temporary support based on the assets, expenses, income, and debts of each spouse. Then, the judge determines the amount of support.

Modifying Spousal Support

When creating a spousal support agreement, both parties can agree that it cannot be modified or revoked for any reason. If you include such a clause, even extreme changes in circumstances will not allow for a modification. However, if you do not include that language in the agreement, you can petition to modify it. You must demonstrate a significant change in circumstances, such as job loss or a substantial increase in earnings. Your San Jose alimony lawyer can review your circumstances to see if you qualify for a modification.

How Is Alimony Paid?

The court will determine if the spousal support will be paid periodically or in a lump sum. If period payments are ordered, the payee will likely send money each month. However, the payee will submit the total amount at once if a lump sum payment is ordered. Many payees prefer this because they don’t have to budget for long-term payments. It’s also easier for recipients since they don’t have to worry about missed or late payments. Your San Jose alimony lawyer can discuss both options with you.

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