Spousal Support Lawyer Temecula

Spousal support in Temecula, CA

Spousal support (previously called “alimony” or “alimony payments”) is one of the most hotly contested issues in a divorce. When a couple, who is already struggling financially then separates, money becomes much tighter. The same money that was used to support one household, is now expected to be able to support two households.

This is one reason divorce can be financially devastating to both parties. Although the cost of living in the Temecula and Murrieta areas is lower than other parts of Southern California, it is still difficult to make ends meet after a divorce.
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Calculation of spousal support

If you are going through a divorce and one spouse is not working, chances are that an order for spousal support will be made. Calculating how much spousal support will be owed and for how long it will be paid depends on your particular situation.

Typically, people paying spousal support will feel that the amount to be paid is unfair, because it will be financially difficult for them. People who receive spousal support are usually worried about how they will be able to make ends meet on such a small amount of money.

How Much Alimony in California?

The amount of alimony, also known as spousal support, in California is determined on a case-by-case basis and depends on several factors. Here are some of the factors that may be considered when determining the amount of alimony in California:

  1. The length of the marriage: In California, the length of the marriage is a significant factor in determining the amount of alimony. The longer the marriage, the more likely it is that the court will award a higher amount of alimony.

  2. The income and earning capacity of each spouse: The court will consider the income and earning capacity of each spouse, as well as their ability to support themselves after the divorce.

  3. The standard of living during the marriage: The court may consider the standard of living that the couple enjoyed during the marriage when determining the amount of alimony.

  4. The age and health of each spouse: The court may also consider the age and health of each spouse when determining the amount of alimony, as this may impact their ability to work and support themselves.

  5. Child custody and support: If the couple has children, the court will also consider child custody and support when determining the amount of alimony.

Based on these factors, the amount of alimony in California can vary widely from case to case. It is recommended that you consult with an experienced family law attorney in California to discuss the specific circumstances of your case and get a better understanding of the potential range of alimony amounts.

 

California Spousal Support Calculator

You can calculate your spousal support here: Spousal Support Calculator
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Where Can I find An Alimony Attorney in Temecula or Murrieta Area?

This is a difficult time in your life. Maybe you’ve supported your spouse throughout your marriage and now you face the possibility that your financial future will be ruined. All your hard work is gone. You’re worried – and with good cause. You want to know how much spousal support will be and how long it will be for. However, spousal support is unpredictable, because it depends on many different factors.

If you need an experienced family attorney who knows the law regarding spousal support, look no further. The law office of Family Law Matters has handled thousands of cases like yours.

We have the knowledge, skill and experience to help you maximize your results. We also know the local court and the local judges. You will not need to worry about being “home towned” by an attorney who is friendly with your judge.

Spousal Support in California and the Imaginary Ten-Year Rule

If the marriage lasted ten years or longer, would spousal support continue indefinitely? Not precisely.

There is a widespread misperception that if a couple divorces after more than ten years of marriage, a rule demanding indefinite alimony payment applies. There is no such thing as a "Ten Year Rule" in reality. The following are the facts:

According to California law (Family Code Section 4336(a)), if a marriage is "of extended duration," the court "retains jurisdiction" indefinitely after the divorce is finalized, unless the spouses agree differently.

Retaining jurisdiction implies that the court retains the authority to make decisions about things between the spouses and can reevaluate and alter its initial rulings as the facts warrant. Any marriage lasting more than ten years is automatically deemed "prolonged," although shorter marriages are occasionally considered lengthy as well.

Why You Need an Attorney who Practices in the Hemet, California Courthouse

Spousal support is money paid by one spouse to the other. The purpose of spousal support is to help maintain the lower earner until that person is able to get on his or her feet. Spousal support can conceivably go on long after your divorce has been finalized. In fact, it is possible a “permanent” order for spousal support will go on for the rest of your life.

For this reason, it is important that when you hire an attorney to represent you in your divorce, it is someone who knows both the law and the court.

Widely known by attorneys, but not often discussed with clients is the idea that local attorneys have an advantage in litigation. They have already developed a rapport with the court, who- so long as the attorney has a good reputation- gives them an edge. 

hemet court lawyer

Courts are much more likely to listen to the attorney in the case that has been proven to be honest and trustworthy. Family Law Matters has an excellent reputation both with local counsel and the courts. This helps us leverage our name to get our clients the best result. Contact one of our family law attorneys to learn more about alimony.

Duration of Spousal Support

Marriages are lengthy or short. A short marriage is less than ten years, while a lengthy marriage is one lasting ten (10) years or more. Support for a lengthy marriage ends after the death of one party, remarriage of the supported spouse, written agreement of the parties, or order of the court. The court may later reduce support to zero if there is a change of circumstances, which would include the supported spouse becoming self-supporting, cohabitation of the supported spouse or a reduction in the payor-spouse’s income. For short marriages, support is half the length of the marriage (i.e. an 8-year marriage results in 4 years of spousal support).

Whether a marriage is “lengthy” or “short” is not the entire conversation when it comes to spousal support. It is, however, included in the conversation when negotiating how much support should be paid and for how long. How much support should be paid is dependent upon several factors that the court must take into account when making a final order.

To learn more about what factors determine the length spousal support should be paid or the amount of those payments, please call our office to schedule a consultation. Our experienced family law attorneys are here to help.
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What is temporary spousal support?

In most cases, temporary alimony is only provided during the divorce processes and for a limited period of time afterward, to allow the receiving spouse to adjust to a new level of income while the divorce is still pending.

It is not necessary to continue receiving temporary spousal support until either a fresh court order or the imposition of permanent spousal support is issued by the court. It is possible that permanent spousal support will not have an expiration date connected to it.

In California, how long do you have to pay spousal support?

Support for a spouse after ten years is known as the Ten-Year Rule for Spousal Support.

For couples who have been married for less than 10 years, the period of spousal support payments is usually one-half the length of the marriage. As a result, if you were married for eight years, you will be obligated to pay spousal support for a period of four years.

Read more about spousal support in our spousal support FAQ section. Also, watch the video below.

Spousal Support Formula California

In California, spousal support, also known as alimony, is determined using a formula that takes into account various factors, such as the income of each spouse and the length of the marriage.

The formula is used to calculate temporary support, which is the support paid during the divorce process, and it is different from permanent support, which is the support paid after the divorce is finalized.

The formula for calculating temporary spousal support is based on each spouse’s income and certain deductions, such as taxes and retirement contributions. The court uses a software program to calculate the amount of support, taking into account factors such as the number of children and the length of the marriage. The formula is not binding, and the court can make adjustments based on the individual circumstances of the case.

The formula for calculating permanent spousal support is more complex, and the court considers a wider range of factors. These factors include the standard of living during the marriage, the length of the marriage, the earning capacity of each spouse, and the age and health of each spouse.

The court also considers any other factors it deems relevant, such as the contributions of each spouse to the marriage and the needs of any children. Overall, spousal support in California is a complex and highly individualized matter.

It is important to consult with a knowledgeable family law attorney to determine your rights and obligations under the law.

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Family Law Matters Legal Team Discusses Spousal Support aka Alimony

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