San Jose Family Law Attorney Answers Question on Paying Spousal support in a Divorce

Paying alimony is not a foregone conclusion in any divorce proceeding. In fact, the American Bar Association recently estimated that alimony is awarded in only about 15 percent of all divorce cases in the U.S. This number is a significant reduction from numbers in decades past. This decrease is largely attributed to the rise of households where both spouses work outside the home. Because both spouses are gainfully employed, alimony is less likely to be awarded. However, the court must utilize several factors in order to come to a conclusion on alimony that is just and equitable for both parties whether both parties work outside the home or not. In California the court will look at several factors when determining if alimony is necessary and, if so, how much and for how long of a duration. These factors include the earning capacity of each spouse and the skills of the party who would be receiving the support. Thomas Stutzman, a San Jose family lawyer for over 35 years, notes that every divorce case is unique and will require an accordingly unique approach to settlement. The judge may order that the supported spouse should receive payments for the rest of their life. More frequently, the supported spouse will receive such payments only for a reasonable amount of time, during which term they are expected to find a way to become self-supporting. San Jose family law attorney Thomas Stutzman can also help clients find ways to end or amend alimony arrangements. Again, no hard and fast laws exist that dictate precisely when it is appropriate to change or end alimony payments. Nonetheless, a material change in the financial circumstances of either party, like a new job that greatly increases the income of the party receiving support or a job loss by the party paying the support, may warrant the court’s review of the situation.

Please read original article