Alimony

Alimony Lawyers In San Francisco, California

In a California divorce or separation proceeding the California Family Code provides that spousal support or “alimony” may be granted to either spouse.

The California Family Code and California divorce spousal support cases that provide for spousal support are complicated. Further, the California Premarital Agreement Act, which . controls premarital agreements, allows for prospective spouses to agree, prior to marriage, to either limit or terminate an obligation to pay spousal support or alimony.

If you want to attempt to limit or terminate your prospective obligation to pay spousal support through a premarital agreement you should contact Nathan James of SEIFER, MURKEN, DESPINA, JAMES and TEICHMAN, ALC. Nathan James will attempt to set forth enforceable provisions within a premarital agreement in accordance with the California Premarital Agreement Act in order to attempt to limit or terminate any obligation you may have to pay spousal support if you should get divorced. If your prospective spouse is seeking to limit or terminate your right to seek spousal support through a premarital agreement, you should contact

Nathan James, who will skillfully negotiate or litigate this issue on your behalf, while at the same time keeping emotions in check. If you are involved in a California spousal support divorce or separation proceeding and you are either in need of spousal support, requesting spousal support, or you are being requested to pay spousal support, you should contact H. Nathan James, an extremely experienced spousal support divorce lawyer. He will advise his divorce spousal support case clients and work tirelessly to make sure his or her legal rights are protected and that any order or agreement for spousal support or alimony is fair and equitable and which sets forth the necessary facts and circumstances that detail the client’s financial needs.

In California spousal support divorce or separation proceedings and spousal support or alimony orders may be temporary or permanent. Temporary spousal support orders or alimony orders in California spousal support divorce or legal separation proceedings are typically those that attempt to keep the status quo of the financial circumstances of the parties during the pendency of the California divorce or separation proceedings. California divorce courts, when rendering temporary spousal support or alimony orders in California spousal support divorce or separation proceedings, typically look at only a few factors when calculating spousal support, such as, income of the parties, need for support by one party and ability to pay spousal support by the other party.

Once these factors are determined, family law courts generally use a computer software program (“Dissomaster”) to calculate temporary spousal support. Permanent spousal support orders, both as to amount and duration, are generally based on a number of factors commonly known as the California Family Code §4320 factors. California divorce courts analyze these California Family Code §4320 factors before rendering a “permanent” spousal support or alimony order. If the parties in a California spousal support divorce or legal separation proceeding have been married for10 years or more, a California court is prohibited from setting a termination date in any order awarding spousal support or alimony to a party.

A California spousal support or alimony order which is permanent and based on the California Family Code §4320 factors, may be modified provided either party can prove a significant change in circumstances has occurred following the order that the party is attempting to modify. In California spousal support divorce or legal separation proceedings, in order for one party to be liable for spousal support or alimony, that party must be ordered by the court to pay spousal support or alimony. This order may be made after a trial or upon stipulation of the parties. In most cases, the spousal support or alimony order should state the amount of support or alimony, the duration, and the income of the parties justifying the award of spousal support.

In California spousal support divorce or legal separation proceedings, the Family Code §4320 factors the California family court judges analyze in setting the amount and duration of a permanent spousal support order, are as follows:

 The length of the marriage

 The standard of living established during the marriage

 The needs of each party

 Financial resources and liabilities of each party, including separate property

 Each party’s source(s) of income

 The impact of the custodial parent’s employment on the needs of the minor children

 The age and health of each spouse

 Each spouse’s ability to be self-supporting

 Tax consequences to each party

 The contribution of each party to domestic duties

 The contribution of each party to the education and training of the other party

 Domestic violence

As stated above, in California spousal support divorce or separation proceedings, once a permanent spousal support order is rendered, the amount payable and the duration of such spousal support payment may only be modified upon a showing of a significant change in circumstances.

One example of a significant change in circumstance, warranting a modification of a permanent spousal support order in a California spousal support divorce or separation proceeding, is when the spouse receiving spousal support cohabitates with a new romantic partner. Unless the parties

in a California spousal support divorce or separation proceeding have an agreement to the contrary, California law establishes a rebuttable presumption affecting the burden of proof that a payee spouse’s need for spousal support or alimony decreases if he or she is living with a romantic partner. One way to guard against the ability of one spouse to modify spousal support in a California spousal support divorce or separation proceeding is to obtain an agreement between the parties that spousal support is for a set period of time and cannot be terminated or modified during that period of time. That is, the spousal support amount and duration is set as non-modifiable.

In California spousal support divorce or separation proceedings, unless the parties have agreed otherwise, spousal support or alimony terminates upon the death of either party or upon the remarriage of the person receiving support.

If in a California spousal support divorce or separation proceeding, you are the person receiving spousal support, and the spousal support amount is significant, and the duration is unlimited due to the long-term duration of your marriage, it is advisable for you to insure the life of the payor spouse for an amount equal to the present value of the spousal support ordered. Obtaining insurance on the life of the payor spouse is very important. If the payor spouse dies without life insurance that has the payee spouse as the beneficiary, the payee spouse will be without recourse to obtain any financial support from the estate of the decedent payor.

Spousal support or alimony in California spousal support divorce or separation proceedings present many novel questions and issues that require innovation, and further requiring experienced legal counsel who can figure out the income of the parties, and other relevant factors, as noted in the California Family Code.

Litigation concerning California spousal support issues can be extremely expensive especially when one of the parties is self-employed or controls the financial strings of a business. Great analysis and strategy must first be performed when deciding whether or not to actually try the spousal support issue in a trial.

In a California spousal support divorce case, Nathan James of SEIFER, MURKEN, DESPINA, JAMES and TEICHMAN, ALC, with precision and tireless effort, will conduct discovery and attempt to document all relevant Family Code §4320 factors and aggressively advocate on your behalf to ensure that the court’s order of spousal support or alimony is fair and just. Nathan James will work hard to negotiate, draft, or litigate and implement spousal support or alimony orders so that the needs of his San Francisco and Bay Area family law clients are met without compromising their rights.

Whether your California spousal support divorce or legal separation proceeding requires a simple agreement for spousal support or alimony memorializing the agreement you and your spouse have reached, or presents a highly complicated financial analysis, Nathan James offers the necessary experience that will likely achieve favorable spousal support or alimony results for his clients.

Nathan James also offers California spousal support divorce clients assistance who may seek modification of an existing spousal support or alimony order when there has been a significant change in circumstance. He can also assist you in having a California spousal support divorce order enforced, and/or seek to have a court establish spousal support arrearages in the event the payor spouse defaults on his or her obligation to pay spousal support as ordered.

Can You Expect To Receive Spousal Support Or Alimony In

Your California Divorce Spousal Support Case?

Nathan James and SEIFER, MURKEN, DESPINA, JAMES and TEICHMAN, ALC serves San Francisco, Marin, San Mateo, Alameda and other Bay Area counties representing prospective payees and payors in California spousal support divorce cases and has extensive experience in the area of spousal support and other California family law matters. Contact him online or call 415-749-5900 ext. 201 to schedule a confidential consultation.

This is intended to be a summary description and should not be relied upon as legal advice. More information may be obtained by consulting with Nathan James.

H. Nathan James

SEIFER, MURKEN, DESPINA, JAMES and TEICHMAN, ALC

2135 Lombard St.| San Francisco, CA 94123

Phone: 415-749-5900 | Fax: 415-749-0344 | San Francisco Law Office Map

Email: njames@smdjlaw.com