Everyone agrees that parents should support their minor children, but spousal support after a divorce – commonly known as “alimony” – has always been and remains one of the most controversial aspects of family law. Alimony, as you probably know, is a regular payment made by one ex-spouse to the other after a divorce. Some believe that if a marriage has lasted for a number of years, provision should be permanent. Others would abolish provision entirely. If you are currently divorcing or if you are anticipating an imminent divorce in southern California, and if you believe that alimony will be an issue, get the legal help that you’re going to need by contacting an experienced Orange County divorce lawyer immediately.

When one spouse has stayed home or has only worked part-time and has been dedicated to raising children and/or to supporting the other spouse’s career, that spouse has the right to seek provision from the full-time income-earning spouse. The amount of alimony that a California court awards will depend on each couple’s particular circumstances, history, and current incomes. If divorcing spouses can come to their own mutual agreement regarding alimony, the court will almost always sign off on that agreement. If there’s an alimony dispute, the court will make a final alimony determination.

When either ex-spouse’s circumstances change after a divorce, either spouse can seek a modification of the provision arrangement, but you’ll need an attorney’s help, and any modification must be approved by the court. The most important concern regarding provision is that it’s fair to both ex-spouses. Make certain that if you are divorcing, the provision arrangement treats you fairly and justly. You can help to ensure that fairness by working from the beginning with an experienced Orange County divorce lawyer. If you are divorcing in southern California, make the call as quickly as possible.

By: Bayati Brian

Brian A. Bayati has been named three times as a top Orange County divorce attorney by OC Metro Magazine. He graduated from the University of California, Hastings College of the Law, where he was a judicial extern to the U.S. Court of Appeals (9th Circuit) and a public service mediator. Prior to founding Bayati Law Group, he was part of a civil litigation firm with offices across the nation. Bayati Law Group focuses exclusively on the practice of family law.