How are Alimony Payments Calculated in San Bernardino?

by | Nov 5, 2012 | Legal Services

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Whether you’re hoping to be paid alimony by the other parent of your child, or if you are facing an alimony ruling for payments you will owe, it’s good to know what to expect. Most people do not understand the intricacies of an alimony ruling. It turns out that alimony is calculated based on very specific numbers and your current as well as past and potential future situations. With a little bit of leg work you can figure out what to expect and avoid being disappointed by your unrealistic expectations when the ruling is issued.

Value of Marital Assets

In San Bernardino, and in the rest of CA, your assets are bundled once you become married. This is not true in all states. There are certain assets, such as gifts, inherited property, or property owned prior to marriage, which can be excluded when dividing the assets between the two parties during a divorce case. However, the assets will be taken into account for alimony as well.

Marital Standard of Living Before Separation

The standard of living that you both enjoyed before separating will be taken into account. This is to help ensure that your child or children can continue to have the same standard of living and is one way to look at the cost of your entire household, but in a divided state.

Employment During Marriage and Future Prospects

This also plays into the standard of living question, since current and future employment will effect the standard of living of both parties. If future job prospects are seen to be the same or improving, this is taken into account.

Age and Health of Both Parents and the Children

If a child has special needs and requires additional care or has higher medical costs, this is taken into account. Or if a child is about to enter college, that may affect the amount of alimony to be paid.

Length of Marriage

The length of your marriage may play a role in the amount due for alimony, but the judge will use this information at their discretion. If married for a long time, and one parent stayed at home to care for the children, it is reasonable to assume that re-entering the job market will be more difficult.

A Professional Opinion

While some aspects of your particular case may be hard to predict, a professional family law practice can give you a sense of what to expect.

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