Spousal Support
Spousal support, or alimony, is the amount of money the court orders the higher earning spouse to pay to the other spouse every month. There are two types of spousal support: temporary and permanent. The purpose of temporary spousal support is to allow the parties to continue to share the lifestyle
they had become accustomed to during the marriage until a final divorce settlement is reached. Temporary spousal support is typically based on a formula. A permanent spousal support order is not based on a formula, but must be based on the various factors contained in Family Code Section 4320.
Our Approach to Spousal Support
It is important to note that a spousal support award is not automatic. The courts have broad discretion to determine the allotted amount as well as the duration in which the support will be given. With this in mind, you’ll need an attorney who is experienced and knowledgeable in these areas to ensure that the proper factors are presented to the court for consideration. This will also enable you to obtain the best possible result. Some of the factors that determine the award include the length of the marriage, the standard of living that was established during marriage, and the ability of the high-wage-earning spouse to support the former spouse as well as him or herself. When handling cases that involve high net worth clients, we often employ the work of forensic accountants and financial experts to help ensure our client’s financial future is not compromised by any means. Our family law attorneys have years of experience dealing with support cases and will work diligently to ensure that all relevant factors are considered in the calculation to try to obtain the most favorable support order possible for you and your family.
How Spousal Support is Calculated
Spousal support, previously referred to as “alimony,” is not mandatory but may be ordered by a judge in certain circumstances. Spousal support may not be an option if the marriage was for a short period of time or if both parties are gainfully employed. In California, there is no concrete formula for determining the amount of spousal support and the court has a large amount of discretion in the process. The court will take into consideration factors like whether the spouse will be able to maintain the standard of living established in the marriage, the marketable skills and the earning capacity of the supported party, the extent to which the supported party contributed to the education of the supporting party, the needs of each party, the duration of the marriage, age of both parties, and a variety of other factors.
Spousal Support Attorneys in Los Angeles, Long Beach & Orange County
Spousal support, or alimony, is the amount of money the court orders the higher earning spouse to pay to the other spouse every month. There are two types of spousal support: temporary and permanent. The purpose of temporary spousal support is to allow the parties to continue to share the lifestyle they had become accustomed to during the marriage until a final divorce settlement is reached. Temporary spousal support is typically based on a formula. A permanent spousal support order is not based on a formula, but must be based on the various factors contained in Family Code Section 4320.
Our Approach to Spousal Support
It is important to note that a spousal support award is not automatic. The courts have broad discretion to determine the allotted amount as well as the duration in which the support will be given. With this in mind, you’ll need an attorney who is experienced and knowledgeable in these areas to ensure that the proper factors are presented to the court for consideration. This will also enable you to obtain the best possible result. Some of the factors that determine the award include the length of the marriage, the standard of living that was established during marriage, and the ability of the high-wage-earning spouse to support the former spouse as well as him or herself. When handling cases that involve high net worth clients, we often employ the work of forensic accountants and financial experts to help ensure our client’s financial future is not compromised by any means. Our family law attorneys have years of experience dealing with support cases and will work diligently to ensure that all relevant factors are considered in the calculation to try to obtain the most favorable support order possible for you and your family.
How Spousal Support is Calculated
Spousal support, previously referred to as “alimony,” is not mandatory but may be ordered by a judge in certain circumstances. Spousal support may not be an option if the marriage was for a short period of time or if both parties are gainfully employed. In California, there is no concrete formula for determining the amount of spousal support and the court has a large amount of discretion in the process. The court will take into consideration factors like whether the spouse will be able to maintain the standard of living established in the marriage, the marketable skills and the earning capacity of the supported party, the extent to which the supported party contributed to the education of the supporting party, the needs of each party, the duration of the marriage, age of both parties, and a variety of other factors.
FAQs About Spousal Support
Do all divorces and separations involve spousal support?
Only about 10-15% of all divorces include spousal support.
Can extramarital affairs affect the amount of my spousal support payments?
California offers no-fault divorce state, which means that affairs are not considered in spousal support payments.
Will increase in my income affect the amount of spousal support I have to pay?
No. The court will not factor your increased earnings after your separation into spousal support payments.
How long does spousal support last?
If the marriage was fewer than ten years, spousal support generally lasts for half of the length of the marriage. If the marriage was greater than ten years, the court will determine the terms of the support, based on previous case history.
Is spousal support taxed?
It is usually considered tax deductible for the supporting spouse and taxable income for the supported spouse.
FAQs About Spousal Support
Do all divorces and separations involve spousal support?
Only about 10-15% of all divorces include spousal support.
Can extramarital affairs affect the amount of my spousal support payments?
California offers no-fault divorce state, which means that affairs are not considered in spousal support payments.
Will increase in my income affect the amount of spousal support I have to pay?
No. The court will not factor your increased earnings after your separation into spousal support payments.
How long does spousal support last?
If the marriage was fewer than ten years, spousal support generally lasts for half of the length of the marriage. If the marriage was greater than ten years, the court will determine the terms of the support, based on previous case history.
Is spousal support taxed?
It is usually considered tax deductible for the supporting spouse and taxable income for the supported spouse.
Our Family Law & Divorce Attorneys
When you’re going through a tough time, you need a full team on your side. Our five-attorney firm has all of the resources to attend to our clients’ needs.
John J. Gilligan, CFLS |
John J. Gilligan, CFLS has practiced family law for 39 years and handled over 7500 family law matters. He sits on the Family Law Executive Committee for the Los Angeles County Bar and donates several hours of his time each month to the court system as a mediator and Judge Pro Tem.
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Janine M. Frisco |
Ms. Frisco’s first preference is always to mediate spousal, financial and custody issues, she is also a staunch advocate for her client’s and a relentless opponent in a court of law. Ms. Frisco regularly litigates complex trials, acts as a mediator for both parties, and collaborates when the parties pursue collaboration.
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Kristin Trutanich |
Kristin Trutanich is a trial attorney with over 13 years of litigation experience. Prior to joining Gilligan, Frisco & Trutanich, Ms. Trutanich was a Deputy District Attorney with the Los Angeles County District Attorney’s Office. As a Deputy District Attorney, she tried over 70 jury trials involving domestic violence etc.
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Michael Sarris |
Michael Sarris specializes in California family law with extensive experience in the areas of child support, child custody and visitation, spousal support and community property division. Mr. Sarris founded the Law Offices of Michael Sarris.
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Our Family Law & Divorce Attorneys
When you’re going through a tough time, you need a full team on your side. Our five-attorney firm has all of the resources to attend to our clients’ needs.
John J. Gilligan, CFLS |
John J. Gilligan, CFLS has practiced family law for 39 years and handled over 7500 family law matters. He sits on the Family Law Executive Committee for the Los Angeles County Bar and donates several hours of his time each month to the court system as a mediator and Judge Pro Tem.
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Janine M. Frisco |
Ms. Frisco’s first preference is always to mediate spousal, financial and custody issues, she is also a staunch advocate for her client’s and a relentless opponent in a court of law. Ms. Frisco regularly litigates complex trials, acts as a mediator for both parties, and collaborates when the parties pursue collaboration.
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Kristin Trutanich |
Kristin Trutanich is a trial attorney with over 13 years of litigation experience. Prior to joining Gilligan, Frisco & Trutanich, Ms. Trutanich was a Deputy District Attorney with the Los Angeles County District Attorney’s Office. As a Deputy District Attorney, she tried over 70 jury trials involving domestic violence etc.
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Michael Sarris |
Michael Sarris specializes in California family law with extensive experience in the areas of child support, child custody and visitation, spousal support and community property division. Mr. Sarris founded the Law Offices of Michael Sarris.
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Wendy K. Tse |
Family law attorney, Wendy K. Tse, has practiced family law exclusively since 1998. Ms.Tse specializes in and has extensive experience with matters pertaining to California divorce, contested custody disputes, child support, spousal support etc.
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100+ YEARS COLLECTIVE EXPERIENCE
Our Law Firm’s History
Gilligan, Frisco & Trutanich, LLP, was co-founded by John J. Gilligan, who has been practicing family law in Long Beach since 1981. Janine M. Frisco is also a partner, as is Kristin Trutanich. Together, they are the area’s most comprehensive legal stronghold.
GFT has helped individuals and their families surmount their legal difficulties for the past several decades. We are proud to serve Southern California, and have the dedication and experience required to handle every type of issue.
The Team of Attorneys
You’ve Been Looking For
Our experienced team of professionals will guide you through life’s murkiest waters. At Gilligan, Frisco & Trutanich, LLP, we have the resources needed to represent clients in all aspects of family and criminal law.
The Team of Attorneys You’ve Been Looking For
Our experienced team of professionals will guide you through life’s murkiest waters. At Gilligan, Frisco & Trutanich, LLP, we have the resources needed to represent clients in all aspects of family and criminal law.
Office
Locations
We have two offices conveniently located in Long Beach & Palos Verdes. We represent clients in courts throughout Los Angeles, Orange, and Riverside counties.
Long Beach Office
444 W. Ocean Blvd. Suite 1410
Long Beach, CA 90831
Telephone:(562) 431-2000
FAX: (562) 431-2100
Palos Verdes Office
2516 Vía Tejon, Suite 309
Palos Verdes Estates, CA 90274
Telephone: (310) 237-9001
FAX: (562) 431-2100