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Alimony

Irvine Alimony Lawyer

Experienced Legal Assistance for Spousal Support Cases

 “A strong attorney/client relationship is a vital component to a successful outcome in any legal process. We value that communication and relationship, and we are committed to clear, concise, and compassionate communication with every client." 

If you need legal assistance with an spousal support matter, we recommend that you contact an Irvine alimony lawyer at our law firm to discuss your situation as soon as possible. We focus on family law and divorce cases and have decades of legal experience to apply to the handling of your case. 

We understand the difficult and sensitive issues that filing for a divorce can bring, such as spousal support or alimony. When you retain the services of one of our divorce attorneys, your legal issue will be handled with the utmost care and concern for your needs and objectives.


Contact us online or call at (949) 416-2215 to schedule a consultation with an Irvine alimony attorney. We are here to help you through this difficult time.


How Alimony is Granted in California

The granting of an alimony award in a California divorce or legal separation is not automatic but is at the discretion of the court. In evaluating the ability of the divorcing parties to provide for their own financial needs, the court will make a decision based on many factors.

All in all, there are 14 statutory factors which the court may use to determine the question of alimony in a California divorce. Some of the most significant include:

  • Duration of the Marriage: Longer marriages may lead to longer-lasting or higher amounts of support.
  • Standard of Living: Courts aim to maintain a similar standard of living for both spouses post-divorce, considering the lifestyle established during the marriage.
  • Financial Needs and Resources: The financial situation of both parties is examined, including income, assets, and financial obligations.
  • Age and Health: The age and health of both spouses can affect their ability to earn a living and may influence the duration and amount of alimony awarded.
  • Contributions to the Marriage: Non-financial contributions, such as homemaking or supporting a spouse’s career, are also taken into account.
  • Impact of Remarriage: The potential for the recipient to remarry can affect the court’s decision regarding alimony duration and amount.

If the divorcing parties cannot come to an agreement concerning alimony on their own, then it is up to the court to decide, and it has the right to deny alimony or to limit its amount and duration based on the facts presented to it.

Types of Alimony in California

In California, there are several types of alimony, each designed to meet the unique needs of individuals based on their circumstances. 

Here’s a brief overview of the different types of alimony available in California:

  • Temporary Alimony: This type is awarded during the divorce proceedings and is intended to provide financial support until the final divorce decree is issued.
  • Rehabilitative Alimony: This form of support is designed to help a spouse gain the necessary skills or education to become self-sufficient, typically for a limited duration.
  • Permanent Alimony: Granted in cases where one spouse is unable to become financially independent due to age, health, or other factors, this support can continue indefinitely.
  • Lump-Sum Alimony: Instead of ongoing payments, a one-time payment may be awarded, providing financial certainty for both parties.

Each case is unique, and the court considers various factors, including the length of the marriage, the standard of living during the marriage, and the recipient's needs.

Our experienced attorneys at Kirk & Toberty, LLP can guide you through the process, ensuring you understand your rights and options regarding alimony.


Contact us today at (949) 416-2215 or through our website to schedule your consultation with an Irvine alimony attorney.


Client Testimonials

  • "I needed someone to help me have a voice and you did just that."
    Teresa W.
  • "I appreciate being able to call you anytime and was thankful for your explanations. I would highly recommend you to anyone that needed your services."
    Ann F.
  • "Your compassion and professionalism made this trying time much easier."
    Jillian P.

The Alimony Process in California

Navigating the alimony process requires careful consideration and strategic planning, but our experienced Irvine alimony lawyer are here to help. We can guide you through the following steps:

  • Initial Consultation: During your first meeting, your attorney will evaluate your unique situation, discuss your financial circumstances, and outline your goals regarding alimony.
  • Gathering Documentation: Both parties will need to provide financial documents, including income statements, tax returns, and information about assets and debts. 
  • Negotiation and Mediation: Many alimony cases can be resolved through negotiation or mediation, allowing both parties to reach an amicable agreement without the need for a contentious court battle. An attorney can facilitate these discussions to ensure that your interests are represented.
  • Court Proceedings: If negotiations do not lead to a satisfactory outcome, the case may go to court. Your attorney will present evidence and arguments to support your case, advocating for a fair and just alimony award.
  • Finalization of Alimony Agreement: Once an agreement is reached, or a court ruling is made, the alimony terms will be formalized in a legal document. It is essential to ensure that all terms are clear and enforceable to avoid future disputes.

Modifications of Alimony

Life is full of changes, and so are financial circumstances. If you find yourself in a situation where your ability to pay alimony or your need for support has changed, it’s essential to understand that alimony agreements can be modified under certain conditions in California. 

Some common reasons for seeking an alimony modification include:

  • Change in Income: If you or your ex-spouse experiences a significant change in income, it may warrant a reevaluation of the current alimony arrangement.
  • Remarriage: If the recipient of alimony remarries, this can impact the need for ongoing support.
  • Health Issues: Serious health problems can alter financial needs and obligations, making modification necessary.
  • Retirement: Reaching retirement age can affect the ability to pay alimony, especially for the paying spouse.

We Are Here to Help - Contact Us Today!

If you need legal representation in an alimony case, we urge you to consult with an  attorney at our firm for experienced and knowledgeable legal service that is dedicated to helping you achieve the case results you need.


Choosing an Irvine alimony lawyer is crucial for achieving a favorable outcome in your case, as we provide a tailored legal strategy based on your unique circumstances, possess in-depth knowledge of California law to effectively protect your rights, and offer skilled negotiation for mediation or court. Additionally, we provide essential support and guidance during the emotionally challenging divorce process.


Contact an Irvine Alimony Lawyer at our firm for legal representation in an alimony matter today! Call now - (949) 416-2215 


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