The issue of spousal or partner support (also called alimony) is a difficult legal issue and is one of many that must be resolved during the divorce process. When a couple separates, the court may order one partner to receive support from the other. At Schapiro Thorn Inc. in San Francisco, we can assist with all aspects of spousal support.
Temporary Spousal Support
In California, the court may order the payment of temporary spousal support. This initial order is intended to maintain the financial status quo when financially feasible to do so. Temporary spousal support is generally determined by the judge using a financial calculator provided by the court’s local rules. We can help you quickly determine whether you will have to pay or whether you will be able to receive temporary spousal support.
Long-Term Spousal Support or Alimony
Schapiro Thorn Inc. has successfully represented many family law clients in spousal support matters. Our lawyers understand the many complexities of this question and how to help our clients make the right decisions about this question.
When the court issues the final judgment of dissolution, it may or may not include a provision for permanent spousal support (alimony) depending on several statutorily specified factors. Some factors that contribute to the awarding of spousal support include:
- Each spouse’s income level and financial situation
- Each spouse’s education and employability
- Each spouse’s age and health
- The duration of the marriage
- Domestic violence issues
The question of whether to include alimony can become closely entwined with decisions regarding the property settlement. The skills and experience of a highly trained Schapiro Thorn Inc. attorney help clients make the right decisions regarding spousal support and property division. We will explain the various aspects of these issues and work to achieve an outcome that protects your rights and puts you in the strongest financial position possible after your divorce.
The Effects of Taxation
Alimony is taxable for the receiver and tax deductible for the payer. Importantly, the tax implications only apply to couples who have an order of dissolution of marriage. Until the court order specifying a legal separation becomes effective, spousal support payments are considered gifts for tax purposes.
Tax implications may be the deciding factor regarding alimony. Our firm is highly experienced in taxation as it affects alimony and property division.