When going through a divorce, fear and anxiety can set in about maintaining your finances, especially when it comes to spousal support. When a satisfactory spousal support agreement cannot be reached through a voluntary settlement process, you may need to resort to a more traditional process and litigate your case in court.
As a spousal support lawyer with a financial background in accountancy and extensive experience in the Sacramento court system, Alan Mikshansky has in-depth knowledge of all the factors courts consider when deciding whether to award spousal support, both temporary and permanent. Whether you are seeking spousal support or being asked to pay spousal support, Alan Mikshansky will ensure that your facts are presented in a way to guarantee that your interests are served.
Temporary Spousal Support
Similarly to child support, temporary spousal support is based on a statewide statutory formula. The purpose of this mandatory formula is to maintain the financial status quo during the period of time between the initial separation of the parties and the final division of property. Each party’s income, health care, and child care costs are considered when making a determination about the amount of the temporary spousal support to be awarded.
Permanent Spousal Support
Permanent spousal support is decided without a financial formula. The final amount is based on various factors such as the ability of the spouse to pay spousal support, the age and health of the recipient of support, and any special needs that have been identified. Spouses who had put their career on hold to raise children may be entitled to compensation depending on the amount of time they were out of the workforce.
Mediating or Litigating Spousal Support Matters
At the Law Office of Alan Mikshansky, we focus on obtaining fair and equitable results for you whether through voluntary settlement or, where mediation fails or is not possible, by aggressive and experienced litigation. Temporary spousal support bridges the gap and reduces the anxiety of an already stressful situation. Permanent support can provide an opportunity for a spouse to return to school on their way to resuming their career or starting a new one.
Only after competent analysis of the parties’ tax returns and financial statements can you recognize the financial position of a divorcing spouse. To make sure that you get a fair order, we will use all available resources to conduct discovery and get a full picture of the other party’s income and assets. Discovery involves gathering information, including demanding documents and sending subpoenas.
Typically, disputes over temporary spousal support result from the amounts entered into the statutory formula. Because no strict financial formula exists for permanent spousal support and because the duration of the support is not predetermined, permanent spousal support disputes often arise between a divorcing couple.
Factors in Determining Spousal Support Awards
When making a final spousal or partner support order, a judge may not just apply a formula but considers all the factors outlined in the California Family Code. These factors include:
- the length of the marriage
- the age and health of the spouses
- the income of both spouses
- joint and individual debts and property
- whether one spouse helped the other obtain an education or training
- the education, training, and career of each spouse
- whether one spouse gave up a career to raise children
California Spousal Support Attorney
As one of the top divorce attorneys in Sacramento, Alan Mikshansky will use all available resources and discovery methods to make sure you get a fair outcome that corresponds to your financial situation.
By scheduling a free spousal support consultation with Alan Mikshansky, you will get the appropriate guidance for your particular case, ensure that your rights are protected, and achieve financial stability after your divorce.
The Law Office of Alan Mikshansky is certified in Family Law by the State Bar of California’s Board of Legal Specialization.