Trevino Law, Inc.

A Family Law Firm Located in South Orange County

For a family law lawyer call:  949.716.2102

Contact a Family Law Lawyer
If you have a crises in your life, chances are, you need a divorce attorney . Whether it is child support , child custody , property division , or spousal support , Trevino Law can help you through. Trevino Law is dedicated to helping individuals through the legal process. If you are facing a family law issue, it is important to contact an attorney even before the petition is filed. 
Spousal Support
Spousal support (also referred to as alimony) is based on the marital standard of living, the financial need of the supported spouse, and the ability of the paying spouse to pay. For marriages lasting more than 10 years in Laguna Hills, the award of support is permanent. However,  spousal support is not guaranteed. Courts require the supported spouse to become self-sufficient in a reasonable period of time. 

Income for spousal support is defined broadly and can include support  based on the future bonuses employees receive from their employers. When bonuses are uncertain, a court may order a spousal support award based as a percentage of the bonus income. This is often referrred to as an Ostler-Smith award.







Stock Options in Laguna Hills
Stock options are another source the court may use for purposes of spousal support. The court must analyze whent the  stock options were issued and the purpose for which they were issued. Support can also be based on a percentage of the value of the stock option.  Generally, spousal support is not due on a stock option until it is matured and exercised, but it is up to the discretion of the court to determine when spousal support should be paid.







Marital Standard of Living
The marital standard of living refers to the requirement that the courts look at the parties' marital station in life to determine permanent spousal support. Although marital standard of living is an impractical standard in that it is impossible to support two homes with the same income, it is the benchmark where courts start in setting spousal support.
In Laguna Hills, not every permanent spousal support order is based on the marital standard of living. The more time that has passed since the parties' separation, the less weight the courts will give to the marital standard of living. 

In addition, if the parties incurred a lot of debt while they were married, the court will not consider that as a basis to increase spousal support.

In setting support, the court must consider all sources of income available even if it is interest on invested assets for both the supporting spouse and the supported spouse.

Family Code Section 4620

In ordering spousal support under this part, the court shall consider all of the following circumstances:


The extent to which the earning capacity of each party is sufficient to maintain the standard of living established during the marriage, taking into account all of the following:

The marketable skills of the supported party; the job market for those skills; the time and expenses required for the supported party to acquire the appropriate education or training to develop those skills; and the possible need for retraining or education to acquire other, more marketable skills or employment.

The extent to which the supported party’s present or future earning capacity is impaired by periods of unemployment that were incurred during the marriage to permit the supported party to devote time to domestic duties.



The extent to which the supported party contributed to the attainment of an education, training, a career position, or a license by the supporting party.


The ability of the supporting party to pay spousal support, taking into account the supporting party’s earning capacity, earned and unearned income, assets, and standard of living.

The obligations and assets, including the separate property, of each party.

Any other factors the court determines are just and equitable.
The balance of the hardships to each party.
The age and health of the parties.

The duration of the marriage.

The immediate and specific tax consequences to each party.
The goal that the supported party shall be self-supporting within a reasonable period of time. Except in the case of a marriage of long duration as described in Section 4336, a “reasonable period of time” for purposes of this section generally shall be one-half the length of the marriage. However, nothing in this section is intended to limit the court’s discretion to order support for a greater or lesser length of time, based on any of the other factors listed in this section, Section 4336, and the circumstances of the parties.

Documented evidence, including a plea of nolo contendere, of any history of domestic violence, as defined in Section 6211, between the parties or perpetrated by either party against either party’s child, including, but not limited to, consideration of emotional distress resulting from domestic violence perpetrated against the supported party by the supporting party, and consideration of any history of violence against the supporting party by the supported party.



The marketable skills of the supported party; the job market for those skills; the time and expenses required for the supported party to acquire the appropriate education or training to develop those skills; and the possible need for retraining or education to acquire other, more marketable skills or employment.

The extent to which the supported party’s present or future earning capacity is impaired by periods of unemployment that were incurred during the marriage to permit the supported party to devote time to domestic duties.

The ability of the supported party to engage in gainful employment without unduly interfering with the interests of dependent children in the custody of the party.
The criminal conviction of an abusive spouse shall be considered in making a reduction or elimination of a spousal support award in accordance with Section 4324.5 or 4325.

 The needs of each party based on the standard of living established during the marriage.

Denise Trevino
Family Law Attorney
Located in Laguna Hills

Biography

Denise Trevino attended the University of Utah College of Law. After graduating from law school she took the Utah Bar Exam and practiced in Salt Lake City for a few years. In 1993 she moved to Arizona and took the Arizona bar. While practicing in Arizona, she decided to move to Orange County to open her own practice in Laguna Hills. 
As a family law attorney in Laguna Hills, Ms. Trevino has published several articles in respect to family law:
Emerging Issues in Three Parent Law