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Navigating Alimony: How a Spousal Support Lawyer Can Be Your Lifesaver

by | Oct 10, 2023 | Child Support

Whipple, Mercado & Associates, LLP

When it comes to divorce proceedings, one of the most contentious and complex aspects can be the issue of spousal support, commonly referred to as “alimony.” Whether you’re facing a divorce or contemplating one, understanding the intricacies of spousal support is crucial. In this comprehensive guide, we’ll delve into the world of spousal support, partner support, and family support, the various facets, and why having an experienced spousal support lawyer from Whipple Mercado and Associates by your side can make all the difference.

Understanding Spousal Support, also known as Alimony

Spousal support, partner support, or maintenance, refers to a legal obligation that one spouse or domestic partner may have to provide financial support to the other spouse/partner during and after divorce, termination of partnership, or separation. The primary purpose is to help the lower-earning or non-earning spouse maintain a similar standard of living to what they were accustomed to during the marriage and to assist him or her while they work to become self-supporting.

The Types of Support

There are different types of alimony arrangements, and understanding them is vital in any divorce case. Here are the most common types:

  • Temporary Alimony: This type of alimony is awarded during a divorce to help the lower-earning spouse cover their immediate expenses and maintain the status quo established during the marriage.
  • Permanent Spousal Support: Most often awarded in long-term marriages, this type of support may continue indefinitely or until the recipient remarries, until either spouse dies, or there is a further order of the court down the road.
  • Lump-SumBuyout: A one-time payment or a series of payments that provide financial assistance to the recipient.  A lump sum buyout of spousal support can only be ordered by the court when the parties agree to it.  If there is no agreement for a lump sum buyout, the support award will be for monthly payments.

Factors That Determine Spousal Support

Courts consider several factors when deciding the amount and duration of spousal support, including:

  • Duration of the Marriage: Longer marriages often lead to lengthier support awards.
  • Income Disparities: The difference in income between spouses plays a significant role.
  • Standard of Living: The court evaluates the standard of living during the marriage and aims to maintain it as closely as possible for spouses; however, this is not always possible when the same amount of income is now supporting two households.
  • Health and Age: The health and age of both spouses can influence the duration and amount of alimony.
  • Tax Consequences: The immediate and specific tax consequences to the parties.

Why You Need a Spousal Support Lawyer

Navigating the complexities of alimony can be a daunting task, and this is where an experienced spousal support lawyer comes into play. Here are compelling reasons why you should consider hiring one from Whipple Mercado and Associates:

Spousal Support Lawyer Benefit #1: Legal Expertise

Alimony laws can be intricate and vary from state to state. A spousal support lawyer is well-versed in the specific laws and regulations governing the jurisdiction where they practice. They will ensure that your rights are protected and that you receive or pay spousal support based on the applicable laws.

Spousal Support Lawyer Benefit #2: Negotiation Skills

Divorce negotiations can get heated. An experienced spousal support lawyer can mediate between you and your spouse, helping you reach a mutually acceptable agreement. This can save you both time and emotional stress.

Spousal Support Lawyer Benefit #3: Customized Strategy

Every divorce case is unique, and there’s no one-size-fits-all solution. A spousal support lawyer will tailor their approach to your specific circumstances, ensuring that you receive the best possible outcome.

Spousal Support Lawyer Benefit #4: Court Representation

In case negotiations fail and your case goes to court, having a skilled lawyer by your side is essential. They will advocate for your interests and present your case effectively to the judge.

Spousal Support Lawyer Benefit #5: Stress Reduction

Divorce is undoubtedly a stressful process. By entrusting your alimony matters to a lawyer, you can alleviate some of the emotional burdens, allowing you to focus on rebuilding your life.

Spousal Support Lawyer Benefit #6: Enforcement and Modifications

If your ex-spouse fails to fulfill their support obligations or if your circumstances change significantly, a spousal support lawyer can help you seek enforcement or modification of your support order.

Common Issues a Spousal Support Lawyer Can Help With

  1. Determining the Amount of Support: Calculating the appropriate amount of support can be challenging. A lawyer can help gather and analyze financial information, consider relevant factors, and use their knowledge of local rules to determine the amount of support to be paid.
  2. Negotiating Support Terms: During divorce negotiations, spouses may have differing opinions on alimony, including the amount and duration. An alimony lawyer can act as a mediator, facilitating discussions and helping both parties reach a mutually acceptable agreement.
  3. Support Modification: Life circumstances can change after divorce. A lawyer can assist with modifying alimony orders when there is a significant change in income, health, or other relevant factors. They can help clients file petitions for modification and present a compelling case to the court.
  4. Understanding Tax Implications: Tax laws related to alimony changed in recent years, and the tax treatment of alimony payments can significantly impact both the payer and the recipient. A spousal support lawyer can provide guidance on the tax consequences of alimony and help clients make informed decisions.
  5. Addressing Cohabitation: In some cases, alimony may be modified or terminated if the recipient spouse begins cohabiting with a new partner. A lawyer can assist in gathering evidence and presenting a case to the court to demonstrate changes in the recipient’s financial circumstances.
  6. Navigating Complex Financial Situations: High-asset divorces or cases involving complex financial portfolios often require a deep understanding of financial matters. An experienced alimony lawyer can work with financial experts to ensure that all assets and income sources are properly accounted for when determining spousal support.
  7. Exploring Alternatives to Spousal Support: Depending on the circumstances, it may be more advantageous for both spouses to consider alternatives to traditional alimony, such as property settlements or lump-sum payments. An alimony lawyer can assess these options and help clients choose the most beneficial route.
  8. Compliance with Court Orders: Alimony orders are legally binding, and failure to comply can result in serious consequences. A lawyer can ensure that all parties involved understand their obligations and help ensure compliance with court orders.

Your Next Steps

Navigating the complexities of spousal support can be challenging, but with the right legal representation, it becomes manageable. At Whipple Mercado and Associates, our team of seasoned spousal support lawyers is committed to helping you through this challenging period in your life. We help individuals like you navigate the complexities of alimony law. 

Don’t leave your financial future to chance—get the expert legal assistance you deserve.

Contact us today for a free consultation and let us work tirelessly to protect your interests. Secure your alimony future with Whipple Mercado and Associates.



Divorce

Family

Children

Tammy J. Mercado

Tammy J. Mercado has a passion for helping her clients achieve their desired results. She listens and she personally and promptly responds to your texts, emails and phone calls. She offers real solutions to your legal matters. Tammy will carefully evaluate the legal issues in your case, provide you with sound advice and offer you the pros and cons of each possible scenario so you can meet your legal objectives. She encourages clients to participate in their own matters. Tammy believes that client participation is key to a positive result and to keeping attorney fees as low as possible. You can be sure that she will offer you straightforward, sound and honest advice in a professional manner, with integrity and excellence.

Before opening her own law practice, Tammy worked for many high-volume law firms. This gave her extensive, diversified experience in hundreds of complex family law cases as well as civil matters. She is admitted to practice law before all courts in California and the United States District Court for the Northern District of California. She is also a member of the American Bar Association, the Contra Costa Bar Association, the Alameda County Bar Association and the Bar Association of San Francisco. Tammy is also a member of the Rotary Club of Danville.

Tammy is a graduate of John F. Kennedy School of Law and holds a Bachelor of Science in business management from the University of Phoenix. Tammy is also a licensed real estate broker, which comes in handy for valuing property in family law cases as well as real estate matters in the civil arena.

During her off time, Tammy is an avid sailor who crews and races on various boats in the San Francisco Bay. Tammy approaches each case as she would any yacht race: by assessing the other’s strengths, weaknesses, experience, equipment, history and reputation. She is a member of the American Sailing Association, and she is a certified Coast Guard Auxiliary member.

HONORS AND AWARDS
Tammy was selected to receive the prestigious “Business Person of the Year” Award in 2017 for the San Ramon Chamber of Commerce.

Tammy is currently serving as Danville Rotary President for 2017 through 2019.

Mary C. Whipple, CFLS

Mary C. Whipple opened her first law practice in the summer of 2008. She previously was an associate attorney at the Law Office of Cummins & Holmes, a full-service civil litigation law firm in San Ramon. The majority of her experience is in family law, which includes divorce, custody, support, prenuptial agreements and domestic-violence restraining orders. Certified by the California State Bar’s Board of Legal Specialization, she is a specialist in the area of family law. Mary has also represented clients in a variety of non-family-law cases, including juvenile dependency, probate, breach of contract and employment disputes, to name a few.

Mary also previously worked as a contract attorney for O’Melveny & Meyers in San Francisco while simultaneously volunteering at the Bar Association of San Francisco’s Volunteer Legal Services Program, representing defendants in unlawful detainer actions. The program acknowledged Mary with an Outstanding Volunteer in Public Service Award in 2006 for her efforts in providing access to justice.

A seventh-generation Californian, Mary is a graduate of Loyola University Chicago School of Law. She earned her Bachelor of Science in criminology at Southern Oregon University in Ashland, Oregon. She is a member of the State Bar of California, the Alameda County Bar Association, and the Contra Costa County Bar Association.

In addition, Mary is active in her community as a member of the Ambassador’s Committee for the San Ramon Chamber of Commerce; a volunteer at the Contra Costa County and Alameda County Superior Courts, where she assists self-represented litigants in completing their divorces; and a member of Divorce Angel, where she provides information regarding family law matters to members of the community. Since 2007 she has been a volunteer judge for Alameda and Contra Costa County’s Annual High School Moot Court Competition. She is also a member of the Danville/Sycamore Valley Rotary Club. She was awarded the San Ramon Chamber of Commerce 2012 Business Person of the Year; and a graduate of the 2012 class of Leadership San Ramon Valley.

CERTIFIED LEGAL SPECIALTIES
Certified Specialist in Family Law by the State Bar of California Board of Legal Specialization