Effective Resolution Of Spousal Support Disputes
Determining the amount of spousal support (alimony) that one party must pay another is often a difficult issue in a divorce — one that can strain financial resources for both parties. With the help of a mediator or collaborative lawyer, the parties create a spousal support agreement that is fair and equitable.
How Is Spousal Support Determined?
In California, a divorce court judge must consider more than 14 different factors when determining spousal support, including age, health, education, how much each spouse earns, the ability of each spouse to earn, needs of the parties and children, obligations and assets of the parties, the length of the marriage and the standard of living during the marriage.
The judge must also consider if the request is a temporary need prior to the divorce being finalized, or if it a request for permanent support needed beyond the conclusion of the case. There is no set formula for determining spousal support. In a litigated case, the court must consider all of the factors and reach its own conclusion.
Using Mediation And Collaborative Law To Resolve Spousal Support Disputes
Because of the uncertainty of the result, many couples choose not to leave the determination of spousal support up to the court. If you choose mediation, or collaborative law, you can consider whatever factors make sense for you. I will assist you in calculating your total financial resources, determining realistic budgets for the future and focus on minimizing the amount of community resources that go to pay taxes.
In cases where long-term support is a possibility, we can discuss whether or not it may be wise to have you work with a certified financial planner (CFP) who specializes in assisting couples utilize alternative dispute resolution. A CFP utilizes divorce planning software to create long-term projections of cash flow to determine the most equitable solution for both the short and long term. This can help you analyze whether or not your agreements will be fair and equitable both now and in the future.
Put My Experience In Your Corner
For divorce mediation or collaborative law, call the Law Office of Tammara S. Bloom at 408-412-1430 or contact me online. As a trained divorce mediator and a collaborative family law attorney with more than 20 years of experience, I can help you find a fair solution to spousal support. I work with clients in San Jose and throughout the South Bay.