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.
“The whole staff gave me excellent service and supported me all the way”
“I would like to thank the Law Offices of Kenneth U Reyes who accommodated my divorce case. The whole staff gave me excellent service and supported me all the way. They are very reliable, persistent and the best part was I got my court decision in just 2 months which was beyond my expectation . Congratulations to everyone. Job well done.
Bien E.
“Professional, kindhearted, and timely service.”
I struggled with two other lawyers for two years. The Law Offices of Kenneth U. Reyes, APC, ended the bullying and delays. This team is professional, respectable, and kindhearted. They expertly handled my case, securing a favorable outcome. Highly recommend!
R.P.
“He and his staff had guided us from the start until the time that we had an interview and finally got an approval on my petition for green card.”
“He and his staff had guided us from the start until the time that we had an interview and finally got an approval on my petition for green card.”
J.B.
“He also helped me with my petition for my wife and my youngest son. They are now here in California with me.”
“He also helped me with my petition for my wife and my youngest son. They are now here in California with me.”
R.L.
“Thank you for making our dream possible.”
“Thank you for making our dream possible.”
S.E.
“The firm's expertise and care in handling my case has yielded the desired results in my three succeeding cases they handled.”
“The firm's expertise and care in handling my case has yielded the desired results in my three succeeding cases they handled.”
R.L.
“Caring, compassionate, and professional.”
Being in a tough situation, I didn't know where to begin to file for divorce. The Law Offices of Kenneth U. Reyes, APC was the first listing in my search. They were willing to assist me in my long-distance divorce. Their staff was very instrumental in handling our communications, and I was always able to speak to a live person when needed. They explained each process and step clearly. The firm even made payment allowances until my house was sold. They successfully handled unexpected challenges and won funds for me. I highly recommend their services; they handle cases with great care.
Martha R.
“Day or night, he was available to offer not just his legal expertise, but practical and honest advice as well. ”
“Day or night, he was available to offer not just his legal expertise, but practical and honest advice as well. ”
