Bartholomew & Wasznicky LLP
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Can I expect alimony in my divorce?

Getting divorced can be an enormously difficult transitional period in any person's life. Going from being a couple to feeling like you are on your own can be overwhelming and you are likely going to go through periods of being scared and feeling insecure. This can be especially true when it comes to your financial stability.

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If you were not the primary breadwinner in your household when you were married and/or stopped working to raise the children, you likely are afraid of how you will be able to provide for yourself financially when you are no longer married. You may feel like the floor is about to drop out from under you. However, you should know that you may be able to collect spousal support to make this transition period a little easier.

Spousal support (also called alimony) is not awarded in every California divorce, though it is something that many people are able to successfully pursue. In order for alimony to be ordered, a judge will consider numerous factors specific to your situation.

The judge will consider factors like how long you were married and how you contributed to the marriage. These contributions can be financial but they can also include actions like quitting a job to take care of the kids. The standard of living during your marriage will also be taken into account, as spousal support can be ordered if one person will fall below that standard upon divorce. Further, the judge will examine factors like your marketable skills and earning potential to determine how and if and when you would be in a position to support yourself financially.

If it is determined that you should receive alimony, the court will then decide how much is appropriate and how long the payments will continue.

Considering how many different factors come into play when it comes to spousal support, it can be crucial that you make an earnest effort to present your case for alimony appropriately. This can be very difficult to do without legal representation from an attorney who is familiar with this process. Rather than make a costly mistake and run the risk of losing critical post-marital support, you would be wise to consult an attorney to fully explore your options.

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