Frank J. Prainito

Am I Entitled to Spousal Support?

Posted on: February 28th, 2017 by admin

Spousal support, the term used nowadays for what was once called alimony, is fairly simple as a concept. The idea is that if you get divorced, and you do not have the skills or abilities to take care of yourself and live at the same standard you were accustomed to, your spouse must make regular payments to help if they can afford to do so.

If you’re getting divorced in California, you may be wondering if you’re entitled to this kind of support. The answer is that it depends on the court.

Am I Entitled to Spousal Support?

The first thing you need to do is ask whether you need spousal support from an objective perspective. For instance, do you have a job? Do you have marketable skills? Do you own property of your own, or have savings that you can live on? The key word when it comes to spousal support is need; if you can support yourself, there’s no reason for your spouse to give you more.

The second thing you need to ask is whether your spouse can afford to support you. If your spouse has the same amount of meager resources you do, and supporting you would be too costly for them to support themselves, then that makes receiving spousal support less likely.

The third thing you need to ask is what the rules in your area are. While California courts do have spousal support as a legal option, you need to speak with a divorce lawyer and find out what the laws in your area state. Because while it’s possible to generalize, you need to understand the specific laws your judge will be using to make their decision on your case.

For more information on spousal support, and to figure out if you’re entitled to it, simply contact us today!

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