Creating A Fair Spousal Support Agreement

Henry David Thoreau wrote, "Wealth is the ability to fully experience life."

Thoreau may be right, but without some financial assets to begin with, it's also true that life is difficult or even impossible. During a divorce, you may discover that financial issues are far more central to your existence than you thought. That's why creating a fair spousal support agreement is essential.

At Sena Family Law & Mediation Practice, we will work closely with you to try and negotiate a spousal support agreement that is fair and practical for both parties concerned.

Most support disputes can, with some assistance, be settled amicably. However, if you and your spouse cannot reach an agreement, you can rely on San Francisco attorney Cheryl A. Sena, a certified family law specialist, to be a strong advocate on your behalf.

The Court Takes Various Factors Into Consideration

Spousal support (sometimes called "alimony") is controlled by California Family Code §4320, which sets out specific factors that the court must consider in making an award of spousal support after divorce. These factors include but are not limited to:

  • Whether one party delayed obtaining employment and/or education in order to raise the children
  • The marital standard of living
  • The assets and debts of the parties
  • The duration of the marriage
  • The age and health of the parties
  • Any domestic violence concerns
  • Tax consequences and other specific factors

Obtaining or defending against applications for spousal support requires experienced legal counsel from a lawyer well-versed in the relevant case law. Sometimes, expert testimony is also necessary to establish a marital standard of living and actual income, particularly in situations where one party is self-employed.

Exploring Creative Resolutions For Your Concerns

Spousal support is often one of the most hotly contested issues in divorce because it may require one party to write a check each month for years.

This is why many clients appreciate Cheryl A. Sena's willingness to explore alternative resolutions. If necessary, she can help parties develop unique agreements, such as assigning one spouse a greater share of the marital assets in lieu of spousal support.

Learn more about your legal rights and options by contacting Sena Family Law & Mediation Practice for a free initial consultation. Call 415-906-2556 today.

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