Family Law

Salinas Divorce Attorney Discusses Spousal Support and Domestic Violence

By Scott Sagaria

Salinas Divorce Attorney Discusses Spousal Support and Domestic Violence

Most men who earn more than their wives are aware that in the event of a divorce they may owe some level of spousal support, formerly called alimony, to their wives. They may not know the amount or the duration but they are aware of the risk. During a recent consultation with a client I went over the details of how spousal support is calculated and ran the support numbers for him. We discussed the factors that go into calculating spousal support and the likelihood of how long the amount would be owed. It was not until the very end of the conversation that he brought up the fact that his wife had been convicted of domestic violence against him.

This case illustrates the classic example that a man who is a high earner, as in this case, is somewhat resigned to the idea of paying spousal support and does not necessarily considered his wife?s domestic violence as an important issue to bring up immediately. Women who are the victims of domestic violence will be much more likely to bring it up immediately, most likely because they want a restraining order. Men may feel like they can protect themselves so they do not feel they need a restraining order.

What my consultation was not aware of is how spousal support and domestic violence are connected under the law. If a spouse has been convicted of domestic violence against the other spouse within the last five years then under California law there is a presumption that the injured spouse should not have to pay spousal support to their abuser. Therefore my consultation would have a good case to make to the court that even though he would normally owe spousal support that he should not have to under these circumstances because of his wife?s criminal conviction of domestic violence against him.

If you have any questions about spousal support or domestic violence or any other family law issue then please contact Sagaria Law at 1-800-941-673 or vistit us a www.sagarialaw.com to schedule a free consultation at the office location nearest you. We have offices in Salinas, Monterey, San Jose, Fremont and Redwood City.

Full post as published by California Family Law Blog on August 27, 2008 (boomark / email).