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How a Lawyer for Spousal Support Can Shape Your Divorce Settlement

by | Oct 22, 2024 | Divorce

lawyer for spousal support

Navigating the complexities of divorce is challenging enough without the added burden of understanding spousal support. For many, the concept of spousal support, or alimony, is shrouded in myths and confusion. A knowledgeable lawyer for spousal support can make a significant difference in how this support is addressed and negotiated. In this blog, we’ll explore how spousal support affects divorce proceedings and clarify common misconceptions.

What is Spousal Support?

Spousal support, also known as alimony or maintenance, is a financial payment made by one spouse to the other during and after a divorce or separation. Its primary purpose is to provide financial assistance to a lower-earning or non-working spouse, ensuring they can maintain a reasonable standard of living comparable to what they had during the marriage.

Situations in Which Spousal Support is Granted

  1. Length of Marriage:
    • Long-Term Marriages: Spousal support can be awarded in long-term marriages those lasting 10 years or more), where one spouse may have significantly sacrificed their career or earning potential for the benefit of the family. 
    • Short-Term Marriages: In shorter marriages, spousal support can still be granted but the duration is generally payable for a period equal to half the length of the marriage.  
  2. Financial Disparity:
    • Income Differences: When there is a significant disparity in income or earning potential between the spouses, spousal support may be granted to help the lower-earning spouse maintain a similar standard of living.
    • Economic Impact of Marriage: If one spouse has been economically disadvantaged due to the marriage, such as staying home to care for children or supporting the other spouse’s career, spousal support can help offset this imbalance.
  3. Educational and Employment Needs:
    • Rehabilitative Support: Spousal support may be granted to provide financial assistance while the receiving spouse pursues education or training to become self-supporting.
    • Reintegration into the Workforce: If a spouse has been out of the workforce for an extended period, support may be provided to help them re-enter and establish financial independence.
  4. Health and Age Considerations:
    • Health Issues: A spouse with health problems that affect their ability to work may be awarded spousal support to help cover living expenses.
    • Age and Retirement: Older spouses who may face difficulties in finding employment or have limited earning potential due to age may be granted spousal support.
  5. Contribution to the Marriage:
    • Non-Financial Contributions: Contributions such as homemaking, childcare, and supporting the other spouse’s career can be considered when awarding spousal support. If one spouse made significant non-financial contributions, this may be taken into account.
  6. Standard of Living:
    • Maintaining Standard of Living: Courts may grant spousal support to help the lower-earning spouse maintain a standard of living similar to what they enjoyed during the marriage.
  7. Mutual Agreements:
    • Prenuptial or Postnuptial Agreements: If there is a prenuptial or postnuptial agreement in place outlining spousal support terms, these agreements will typically be honored by the court, unless at the time of enforcement the court deems that a waiver of spousal support in a Prenuptial or Postnuptial agreement is unconscionable given the specific circumstances.

Common Misconceptions About Spousal Support and How a Law Firm Can Clarify Them

Several misconceptions about spousal support often arise, causing confusion and sometimes animosity between divorcing spouses. Let’s address a few of these common myths and how a lawyer for spousal support can provide clarity:

  1. Spousal Support is Always Permanent: One prevalent myth is that spousal support is a lifelong obligation. In reality, spousal support can be temporary or rehabilitative, depending on the circumstances of the case. A law firm can clarify the different types of spousal support and what might apply to your situation.
  2. Spousal Support is Guaranteed in Every Divorce: Many believe that spousal support is automatically granted in every divorce. However, spousal support is not a given and is awarded based on specific criteria. A law firm can help determine whether you are entitled to spousal support or if you may be required to pay it.
  3. The Amount of Spousal Support is Always Fixed: Some individuals think that spousal support amounts are standardized and fixed. In reality, the amount of spousal support is highly variable and based on individual circumstances. A law firm can provide detailed insights into how support amounts are calculated and ensure that the final arrangement is fair.
  4. Spousal Support is the Same as Child Support: Spousal support and child support serve different purposes and are calculated differently. Spousal support is intended to provide financial assistance to a former spouse, while child support is aimed at covering the expenses related to raising children. A law firm can help distinguish between these two types of support and ensure that each is properly addressed.

The Crucial Role of a Lawyer for Spousal Support

A law firm specializing in family law can play a pivotal role in resolving spousal support issues. Here’s how a lawyer for spousal support contributes to the process:

  • Expertise and Experience: With a deep understanding of family law and spousal support regulations, a law firm provides expert guidance and representation. They ensure that the terms of spousal support are fair and legally sound.
  • Negotiation Skills: Effective negotiation is key to reaching a satisfactory spousal support agreement. A law firm’s negotiation skills can help facilitate a settlement that meets the needs of both parties while minimizing conflict.
  • Accurate Information: Addressing misconceptions and providing accurate information is crucial for making informed decisions. A law firm clarifies the facts about spousal support, helping clients understand their rights and obligations.
  • Customized Solutions: Every divorce case is unique, and a law firm tailors solutions to fit individual circumstances. They work with clients to develop spousal support arrangements that reflect their specific needs and financial realities.
  • Emotional Support: Divorce is not just a legal process but also an emotional journey. A law firm provides support and guidance throughout the process, helping clients navigate the complexities of spousal support and other related issues.

Conclusion

Understanding spousal support and its impact on divorce proceedings is essential for reaching a settlement. A lawyer for spousal support offers invaluable support by clarifying misconceptions, providing expert advice, and negotiating favorable terms. If you’re facing spousal support issues in your divorce, don’t navigate this complex terrain alone. Reach out to Whipple Mercado & Associates for  guidance and personalized assistance.

Need a Lawyer for Spousal Support? Call Us Today

For professional help with spousal support and divorce settlements, contact Whipple Mercado & Associates today to reach out to a lawyer for spousal support. Our experienced team will guide you through every step of the process. Call us now to schedule a consultation and take control of your future.

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