What Is Spousal Support Family Law Attorney?
When the spouse’s divorce, the courts can order that one of the spouses pay the maintenance of the other. A family law attorney in Valencia helps to get entitled spousal support after divorce to manage financial expenses.
Spousal support is designed to protect the former spouse’s standard of living.
Eligibility is generally given to spouses who;
- Have stopped working during the marriage,
- Have been temporarily employe during the marriage,
- Are in serious health,
- Have a difficult economic situation and,
- The duration of the marriage.
Less than half of all divorce settlements include spousal support. However, all divorcees must know when they might be eligible for spousal support. The possible amount of spousal support to be sure that they are receiving fair and equitable divorce settlements under family law. The role of family law attorney in Valencia to get maximum spousal support after divorce.
The Right to Spousal Support
To receive spousal support, the requesting spouse must show that he or she:
- You need help. What constitutes a “need for support” is defined by state or common law and differs between states. In general, the courts consider each spouse’s income and ability to generate future income. They also consider values, the standard of living maintained, and any other circumstances that may be fair to the couple. In such a situation, if you do not have legal knowledge, it is better to hire a family law attorney in Valencia.
- You have not signed a contract that limits spousal support. Each divorcing spouse has the opportunity to seek the support of the other spouse. It is eligible unless they have entered into a legally binding prenuptial agreement that limits their right to alimony. For the premarital agreement to be binding, it must meet all state law requirements and not enter into fraud. Many legal firms provide experienced family law attorneys in Valencia to help you in the spousal support case.
Some states limit the enforceability of prenuptial agreements that waive spousal support and allow the former spouse to collect alimony. Even if a valid prenuptial agreement exists, if a denial of alimony by a family law attorney in Valencia. However result in a spouse becoming so poor to qualify for state aid.
1- Family Law Attorney Does Alimony Have to Be Awarded in Cash?
Alimony can be made in cash, in-kind or in combination since no legal provision restricts the maintenance debtor to fulfill obligation by paying a cash amount.
The person obliged to provide alimony fulfills his obligation by granting maintenance to the alimony creditor or integrating him into the family. It is better to consult an experienced family law attorney in Valencia for your case during the divorce process.
2- Can Alimony Be Increased?
Yes, alimony may have a minimum increase equivalent to the percentage increase in the current daily minimum wage. However, unless the alimony debtor shows that his income did not increase in the same proportion.
3- How Is the Right to Maintenance for The Spouses Established in Case of Divorce?
The spouses can fix the amount of maintenance by agreement, or the judge can determine it by the ruling.
The spouse who needs it shall have the right to maintenance, set as instructed by a family law attorney in Valencia.
- Age and health status
- Degree of studies and possibility of access to a job
- Economical means of both spouses according to their needs
- Other obligations of the debtor spouse
- Other circumstances that the judge deems necessary and pertinent
4- Can Ex-Spouses Receive Alimony If They Did Not Have Children During the Marriage?
Agreement or by the court ruling determine Alimony for ex-spouses is . In the doctrine, this pension has been called “compensatory pension”. During the spousal support process, your family law attorney in Valencia will guide you on all this.
Former spouses, even when they have not had children, have right to maintenance due to the economic imbalance at the time of divorce
Some laws have established that the spouse who dedicates himself to the home enjoys the presumption of needing food.
5- Cases When the Maintenance Obligation Extinguished for Ex-Spouses are:
- When The alimony creditor remarries
- Alimony creditor joins together
- When the maintenance creditor has a child with a person other than the maintenance debtor
- When it is conclusively proving that the ex-spouse who is a food creditor has a job through which he receives a remuneration sufficient to satisfy his food needs
Hope this article is helpful to know the important points about spousal support. To make your spousal support process smooth, hiring an experienced family law attorney in Valencia is better!
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