Orange County Spousal Support Lawyer

Frequently Asked Questions- Spousal Support

Spousal Support, also known as alimony, is a subject that can be confusing.  We at the Law Offices of Orange County divorce lawyer Marc E. Mitzner would like to offer you this guide that may begin to answer some of the basic and most frequently asked questions about spousal support.

What is Alimony or Spousal Support?

"Alimony," "maintenance," or "spousal support" are equally defined as the terms used for either payments of money or transfers of assets from one spouse to the other after a divorce. When reading about the subject of divorce and its aspects, these three words can be and generally are used interchangeably.

Why Does the Law Have Spousal Support?

The law stipulates that spousal support may be provided because the Courts recognize that, sometimes after a divorce, one or the other of the spouses may have been out of the workforce for a lengthy period of time or is untrained in a skill in which to become employed.  As a result, that spouse would find it difficult to maintain the standard of living that they may have experienced while being married. The Court is sensitive to that fact.  It is considered the responsibility of one spouse to the other to assist in making the post-divorce financial situation a smooth and viable transition. This spousal support is considered separate from child support or property division.

Are There Requirements for Receiving Spousal Support?

The first requirement must be that you are actually petitioning for divorce or a legally separation.  Annulments rarely will involve alimony. If there is not legal divorce or separation, you cannot be ordered to pay, nor can you receive, any spousal maintenance.

There are two other requirements, as well.  One is that there is a need for the support and the other is that on the marriage contract itself (In other words a prenuptial agreement might have minimized the amount of spousal support that would be paid).

Why Do I Need a Lawyer at Orange County My Spousal Support Hearing?

The law does not require that an individual have a lawyer present for a spousal support petition. It is a recognized fact, that an Orange County divorce lawyer- being practiced in the area, will naturally do a better job of handling these matters.  Being a law professional in the area of Orange County affords the attorney to often be familiar with the judge and his or her rulings.  This often helps the lawyer to know the best approach to be taken.  They are also able to shield the client from anger and resentment that may arise from the clients spouse during the proceedings.  In this way, the attorney may often serve to prevent the escalation of hostilities, as well.