Divorce is never easy, and spousal support—also known as alimony—is often one of the most contentious issues. Whether you’re the spouse seeking financial assistance or the one concerned about overpaying, understanding how spousal support works is crucial to protecting your rights. In this video, Sina Mohajer of Mohajer Law Firm breaks down everything you need to know about alimony—from how it’s calculated to how you can negotiate a fair agreement.

Every divorce is unique, and the right strategy depends on your specific circumstances. If you’re dealing with spousal support issues, Mohajer Law Firm can help. We specialize in family law and will fight to protect your financial future.

Transcript:

Spousal support, alimony, what is it? How can you get it? Or how can you ensure you’re not paying too much? Spousal support can be a complex issue in any divorce case, but in this video, it will help both the paying spouse and receiving spouse to ensure that they get a fair outcome.

Hi, I’m Sina Mohajer with Mohajer Law Firm. We specialize in family law, estate planning, criminal defense and personal injury. 

In these videos, I like to take complex issues and simplify it for our viewers in order for you to be able to protect your rights more efficiently. So if you like the contents of this video, don’t forget to hit that like button. And please don’t forget to subscribe, so you’re always informed of any new videos posted. So without further ado, I welcome you all to A Walk in the Park.

What Is Spousal Support?

Spousal support or alimony, call it what you will, they’re one in the same. It is a financial assistance paid from one spouse to the other to ensure that the receiving spouse can maintain the same standard of living during either the pendency of the action—so, post-separation—or upon divorce.

Temporary vs. Permanent Spousal Support

But it’s important to note that there are two types of support. There is temporary support, which is only used for the pendency of the action—where the court looks at different factors when determining how much of an award should be granted—versus permanent support, which is more permanent. Hence, at the time of trial or at the time of divorce.

Temporary Support Calculation

So temporary support, every single family court uses the same software. It’s an algorithm that was designed where we input data, for example, your income, your spouse’s income, other factors, if there’s kids involved, how you file your taxes, and this algorithm spits out to the court and us attorneys how much one spouse needs to pay to the other.

Permanent Support Calculation

But at the time of permanent support, we’ve got a whole different ballgame. That same algorithm is not used. At the time of trial, the court only looks at family Code section 4320. Under 4320, you’ve got like a list of factors—15, I think—where it looks at the length of the marriage, the health of both parties, education, work history, age, and what was the marital standard of living. So the court looks at all these 15 factors to determine what is a fair spousal support award.

Can You Avoid Court? Mediation & Negotiation

Now, the good news is that you don’t have to roll the dice and just go straight into court. You can take more control over this issue. A lot of people seek private mediation to actually sit down to see if they can reach an agreement with the other spouse as to what is a fair amount.

Obviously, spousal support would need to be paid, but how much can one spouse actually afford to pay on a monthly basis? And how much, if you’re the receiving parent or the receiving spouse, how much do you need to maintain that same standard of living.

Now, when you are in mediation, or even if you go to court, it’s very important to disclose your financial situation. We call it the financial disclosures.

It’s important to understand income, whether it’s a W-2 or 1099, if there’s a profit and loss. These documents must be exchanged in order for you to have a full understanding of both positions when it comes to their financial situation.

If you were to go to court, the judge is going to make it mandatory anyways. So it’s important during mediation you utilize this to be able to come up with any fruitful agreement. But note, even if you reach an agreement or not, you’re always free to go to court.

What If Your Financial Situation Changes?

But if you have a spouse support order that is no longer fitting for your situation, you have options. One option is to see if you can make another agreement. Or the other option is to go to court.

And when you go to court, you’re asking for a modification. And what you need to do is file what’s called an RFO, which stands for request for order. That allows the court to schedule your hearing date, and you go in front of the judge and you explain your change in circumstances. Perhaps what you were making before, you’re not making anymore. Or perhaps the person who is paying support is now making more and you’re asking for a modification.

In any event, whether it’s during the temporary stage or even post-divorce, you’re always free to ask for a modification if there’s been a change in circumstances. So in this video, we’ve discussed not only what spousal support and alimony are, how to ensure you’re protecting your rights, different options on how to either reach an agreement or go to court.

Get Legal Help with Your Spousal Support Case

So if you have questions about your case in particular, I welcome you to contact our office. I’m happy to sit down one on one to discuss your case in more detail. And if you like the contents of this video, share it with your friends and family. Don’t forget to hit that like button and remember to subscribe. So you’re always informed of any new videos being posted.