Alimony is one of the most misunderstood parts of divorce. It is also one of the most difficult parts of divorce to negotiate or litigate. If you are facing a divorce, you need an experienced alimony attorney on your side. Kenneth U. Reyes, APC can help you understand your options and protect your rights throughout the divorce process.
While alimony is a part of divorce, it is a complicated and often contentious part of divorce. The law is specific and technical. The facts of each case are unique. The decision-making process is very subjective. If you are facing divorce, you need an experienced alimony attorney on your side. An alimony attorney will help you understand your options and protect your rights throughout the divorce process.
Types of Alimony
There are two types of alimony: permanent and transitional. The type you receive depends on your circumstances and your needs:
Permanent Alimony
Permanent alimony is paid by one spouse to the other after a divorce. Permanent alimony is paid to the dependent spouse, meaning the spouse who is financially dependent on the other spouse. The court will generally award permanent alimony when the dependent spouse needs financial support to maintain the marital standard of living and when the other spouse has the ability to pay alimony.
Transitional Alimony
Transitional alimony is paid by one spouse to the other for a finite period of time. Unlike permanent alimony, transitional alimony is not paid to maintain the marital standard of living. Instead, transitional alimony is paid to help the dependent spouse transition from the marital lifestyle to a lifestyle that matches the dependent spouse's new financial circumstances.
According to California law, alimony can be modified if there is a material change in circumstances. A material change could be a decrease in the payor's income or an increase in the recipient's income. Other changes, such as a move, may also constitute a material change in circumstances. An alimony modification attorney can assist you in modifying your alimony payments if there is a material change.
What Is Temporary Alimony?
California law recognizes temporary alimony, also known as pendente lite alimony. Pendente lite means "pending the lawsuit." Temporary alimony is awarded by the court to support the dependent spouse during the divorce process. Temporary alimony ends when the divorce is final.
How Does Remarriage Affect Alimony?
When an alimony recipient remarries, it generally has a direct impact on their alimony payments. In California, remarriage is a significant factor that usually results in the termination of spousal support. Once the recipient spouse legally remarries, California law presumes that they now have additional financial support from their new spouse, which reduces the need for continued alimony from a former partner. The paying spouse typically must petition the court to officially terminate the alimony order, but courts generally approve such petitions once remarriage is confirmed.
However, for the paying spouse, remarriage does not typically alter their alimony obligations. Unless they can demonstrate a substantial change in financial circumstances, their obligation to continue alimony remains in effect. It’s also worth noting that certain types of alimony, such as lump-sum or rehabilitative support, may have terms independent of remarriage and could potentially continue based on the specific agreement or court order. In cases where alimony was initially set due to specific needs or agreements, reviewing the alimony terms carefully is essential to understand any conditions for continuation or termination.
Since every situation varies, it is crucial for individuals in either position—payor or recipient—to consult with a family law attorney. Legal counsel can help navigate the implications of remarriage on alimony, ensuring that one’s rights and obligations are clearly understood and appropriately managed.
Seek Professional Alimony Assistance Today
An experienced alimony attorney can assist you in understanding your options and protecting your rights throughout the divorce process. Whether you are the payor or the recipient of alimony, an alimony attorney can help you understand your rights and options. Our family law attorney can also assist you in filing for alimony and negotiating the terms of your alimony agreement. Contact an alimony lawyer at the Law Offices of Kenneth U. Reyes, APC for experienced legal guidance.
“Her kind and gentle voice are enough to reassure you "this too will pass".”
“Her kind and gentle voice are enough to reassure you "this too will pass".”
R.P.
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Being in a tough situation, I did not know where to begin to file for divorce when my marriage was dissolving. I didn't know where to file either since I live in Texas and respondent in California. Kenneth Reyes Law Firm was the first listing when I went to Google search. Mr. Reyes was willing to assist me in my long-distance divorce. A member of his staff, Gabriella Castro, was very instrumental in handling our back and forth communications and I was always able to speak to a live person when I needed help. Mr. Reyes and his staff are always caring, compassionate and professional. They explained each process that would happen and each step to be taken so I understood what was happening at all times. I knew payment was going to be an obstacle but the firm made allowances until my house was sold. Mr. Reyes was able to win on my behalf in unexpected challenges, e.g. respondent didn't want to pay me for community property but Mr. Reyes firm took legal action and was able to find and win those funds for me. I would highly recommend the services of Kenneth Reyes Law Firm to anyone. Mr. Reyes and his staff will definitely handle your case with the greatest of care.
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“To Kenneth, Fe and the entire team. Thank you so much....”
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“The firm's expertise and care in handling my case has yielded the desired results in my three succeeding cases they handled.”
