Get a Free Consultation
Our San Jose family lawyers handle every part of spousal support, whether you may pay it or receive it. We'll help you understand what to expect, build a plan and enforce court orders when the other side doesn't follow them. We're proud to offer free consultations, so if you're having a hard time, we want to help.
Spousal support (often called alimony) is one of the most important financial parts of a divorce. It's money one spouse pays the other, set by agreement or court order, to help with the transition after separation. In Silicon Valley, where incomes often include bonuses and stock compensation, understanding support early helps you build a plan that works for you and your family.
Whether you want a second opinion or just more information about the process, call us today. Our friendly team will be happy to answer your questions during your free consultation.
Schedule a Free ConsultationIf you're going through a divorce in San Jose, you've probably heard of spousal support. It's often ordered when one spouse earns significantly more than the other, to help the lower-earning spouse during the transition to single life. Spousal support can be ordered whether or not the couple has children.
If you and your spouse agree on spousal support, you can put the terms in a written agreement for the court to approve. If you can't agree, either spouse can ask the court to order it.
You can request temporary spousal support while a divorce or legal separation case is open, then long-term support as part of the final judgment. When deciding long-term support, the judge weighs factors like each spouse's income and earning capacity, the length of the marriage, the standard of living during the marriage, and each spouse's age and health.
For marriages under 10 years, a common guideline is about half the length of the marriage. For marriages of 10 years or more, the court may keep jurisdiction with no set end date. Support usually ends when either spouse dies or the supported spouse remarries, unless the parties agreed otherwise in writing. Living with a new partner can be a reason to lower it.
If you have children, child support is usually decided alongside spousal support. Child support is money one parent pays the other to help cover the children's needs, including housing, school costs and everyday living. Child care and uninsured health care costs are added on top of base support and are usually shared.
California uses a statewide guideline formula based mainly on each parent's net disposable income and how much time each parent has with the children. Regular bonuses, overtime and stock compensation can count, which often matters in Silicon Valley cases. Spousal support is calculated after child support, so the two affect each other.
To get a child support order, you need a court case: a divorce or legal separation, a Petition for Custody and Support of Minor Children (form FL-260) or a parentage case. You can also open a free case with the Santa Clara County Department of Child Support Services. Child support doesn't end if the receiving parent remarries; it usually continues until the child turns 18, or 19 if still a full-time high school student living at home.
Estimate an amount with our California child support calculator.
Custody and child support are separate orders, but they're closely connected. The time your children spend with each parent is one of the two main inputs in the child support formula, so a change in your parenting schedule can change the amount of support, too. Planning your parenting schedule and support together helps avoid surprises.
To learn how parenting plans, legal custody and physical custody work, visit our San Jose child custody lawyers page.
If your ex or your child's other parent doesn't pay court-ordered support, you have options. You can ask the court to enforce the order, and the Santa Clara County Department of Child Support Services can help collect child support for free. Common enforcement tools include wage garnishment, intercepting tax refunds, liens on property, suspending a driver's or professional license, and contempt of court.
Our San Jose spousal support attorneys understand how overwhelming the support process can be. We'll listen to the specifics of your case, pay close attention to your concerns and goals, and give you clear, practical guidance to help you through this difficult time and make the best decisions for your family.
Frequently asked questions
There's no automatic rule. A judge looks at the gap in incomes, each spouse's ability to work, the length of the marriage and the standard of living you shared. A spouse who earns much less, or who stepped back from work to raise children, is more likely to receive support.
It can. Bonuses, RSUs and stock options are often treated as income for support, and how they're counted can make a big difference in Silicon Valley cases. Talk with an attorney before agreeing to a number.
Yes, usually. If there's a significant change, like a job loss or a change in parenting time, either party can ask the court to modify child support or modifiable spousal support. Changes generally apply only from the date the request is filed, so file promptly.
You might. With equal parenting time, the guideline formula still compares both parents' incomes, so the higher-earning parent usually pays some support. Learn more about how custody works in San Jose.
There's a lot to think about in a support case, and you probably have plenty of questions. Don't worry; our San Jose family law attorneys are here to help. The best place to start is a conversation with an attorney who can explain what to expect in your unique situation.
The truth is that every situation is different, and there's no one-size-fits-all solution to support. That's why we take the time to understand your case before giving any advice.
We represent our San Jose clients in court, negotiate with the other side and guide them through every step. Our experience as litigators and negotiators helps us choose the right approach for each case, from beginning to end.
We also understand the financial burden family law matters can bring. Our SimpleStart™ program gives qualified clients a way to reduce the money needed to start their case.
Rachel McKenzie
Managing Attorney San Jose, CA Meet Rachel
Sonia Bakshi
Associate Attorney San Jose, CA Meet Sonia
Erin Conghuyen
Associate Attorney San Jose, CA Meet Erin
Jennifer Cima
Associate Attorney San Jose, CA Meet Jennifer
Georgi Roll
Associate Attorney San Jose, CA Meet Georgi
Niraimathi Nagarajan
Associate Attorney San Jose, CA Meet Niraimathi
Maritza Ortiz-Urrutia
Associate Attorney San Jose, CA Meet Maritza
Gabriel Ignacio
Associate Attorney San Jose, CA Meet GabrielWe're not fans of surprises, and we suspect you aren't either. We built these calculators so you know what to expect every step of the way.
Support cases have many parts, and every case is different. You don't need to understand every detail, but the more you know, the easier the process will be.
Our Calculators
We’re not fans of surprises and we suspect you aren’t either. We built these divorce calculators just for you, so you know what to expect every step of the way.
Family Law
