Experienced, Empathetic Family Law Support In Escondido

Addressing Financial Uncertainty That Comes With Divorce

In a divorce, the court may order one party to pay spousal support (also known as alimony) to their ex-spouse. Spousal support is meant to compensate the spouse with the least amount of income and allow them to maintain a standard of living comparable to what they had during the marriage. Whether it is awarded and in what amount depends on the unique set of facts of each case.

California courts consider a variety of factors when deciding whether to award alimony and how much the former spouse is entitled to, including:

  • The length of the marriage
  • The standard of living during the marriage
  • Debts and resources of both parties
  • Whether the spouse asking for alimony or having a job would disrupt the care of the children
  • Any history of domestic abuse
  • The contributions of each spouse during the marriage, including career sacrifices and the extent to which one spouse supports the other’s education or professional development

Spousal support is not guaranteed in every divorce, and working with a lawyer who understands the complexities of the process is important.

Types Of Spousal Support

There are two main types of spousal support in California. As soon as you file for divorce, you can ask to receive temporary support, which will only be paid during the divorce process. The court can also award long-term or permanent support after the divorce, which is meant to assist a lower-earning spouse until they can support themselves. Temporary support is calculated using a formula that varies by county. Permanent support is determined by a judge who has broad discretion in the matter.

Despite the name, permanent support may not be for life. The duration of permanent spousal support is influenced by several factors, one of which is the length of the marriage. Long-term marriages are more likely to result in longer periods of support. Spousal support is typically paid monthly but can also be paid in a lump sum as part of the divorce settlement.

California law also allows for modification or termination of spousal support if there is a significant change in circumstance, such as the recipient getting remarried. A significant change in either party’s financial situation, or retirement of the person paying spousal support.

Reach Out To My Firm For Skilled Counsel

Whether you are seeking spousal support or being asked to pay spousal support, you need an experienced attorney working on your behalf. Contact my firm to schedule a consultation to discuss your situation. I can be reached at 951-900-4647. You can also reach me using my online form.