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California courts consider several factors when determining spousal support, including:
These factors are governed by California Family Code Section 4320, which outlines the criteria courts must use when awarding spousal support.
Too often, spouses who sacrificed their career opportunities are left in the lurch. Our goal? To ensure that doesn’t happen to you.
Spousal support can be a lifeline that helps you maintain the lifestyle you’ve worked for. We help you secure fair support so you can focus on moving forward confidently.
Particularly in cases involving spousal support, divorce and separation can be emotionally and financially taxing. While your financial future may seem intimidating, at Family Law Matters, we understand how much this process can impact your life and well-being.
No one should be forced to sacrifice their financial future unjustly.
One of the most divisive issues in divorce proceedings is spousal support, formerly referred to as alimony.
Like much of California, Temecula offers spousal support as a financial lifeline for one partner, but it can also be a burden for the paying partner. The thought of either losing financial stability or being unfairly burdened can cause great stress, but you don’t have to face this challenge alone.
At Family Law Matters, we guide you through the complexities of spousal support, ensuring your rights are safeguarded. With our professional guidance, you can approach this process with confidence, knowing that we are dedicated to securing a fair and just outcome for you.
Temporary spousal support is awarded during the divorce process to help the lower-earning spouse maintain their standard of living.
This support is calculated based on a set formula that takes into account the incomes of both parties and is intended to provide financial stability until a final support order is made.
Permanent spousal support, which is often awarded after a long-term marriage, may continue indefinitely.
The duration and amount of support depend on several factors, including the length of the marriage, the age and health of both parties, and their respective earning capacities.
In Temecula, our attorneys ensure that the unique circumstances of your case are considered.
Rehabilitative support is designed to help the lower-earning spouse gain the education or job training necessary to become self-sufficient.
This type of support is temporary and typically awarded for a set period. Our Temecula-based team works with you to secure the right support to help you rebuild your life.
When you choose us, you can expect:
We know how personal and impactful family law issues can be. That’s why we’re committed to:
If you’re in need of caring, compassionate help with your divorce or family law case in Temecula, CA, we’re here for you. Contact us to start the conversation.
A common misconception is that spousal support is automatically awarded for life if a marriage lasts 10 years or more.
While long-term marriages do grant the court continued jurisdiction, meaning the court can adjust support orders as needed, it does not guarantee indefinite support.
The court will still evaluate whether ongoing support is necessary and adjust the order accordingly based on changes in circumstances.
The duration of spousal support depends on the length of the marriage:
Spousal support ends upon the death of either party, the remarriage of the supported spouse, or by agreement between the parties.
California uses a specific formula to calculate temporary spousal support during the divorce process.
This formula takes into account the incomes of both spouses, tax obligations, and any existing child support orders. Temporary support is intended to provide financial stability until the divorce is finalized.
Permanent spousal support is more complex. Instead of a formula, the court will weigh a variety of factors, as outlined in California Family Code Section 4320.
The goal is to ensure that the lower-earning spouse can maintain a standard of living similar to what was enjoyed during the marriage.
At Family Law Matters, we have extensive experience handling spousal support cases in Temecula and surrounding areas. Our family law attorneys understand the complexities of California family law and work tirelessly to protect your financial future. Whether you're seeking spousal support or defending against an unfair order, we are here to provide the legal guidance you need.
Contact us today to schedule a consultation and learn how we can help with your spousal support case in Temecula.
Spousal support can be modified if there is a significant change in circumstances, such as a change in income, job loss, or the supported spouse becoming self-sufficient.
Courts retain jurisdiction over spousal support orders in long-term marriages, allowing for adjustments when necessary.
California calculates temporary and permanent support differently. For temporary support, the family court balances what you need and what your spouse can pay. Typically, the court uses California’s alimony calculator to determine an appropriate payment amount.
For permanent support, the court cannot use the state’s alimony calculator. Instead, the family court weighs a series of factors, including:
If a spouse’s income is variable, the calculations can become especially complicated. If your spouse is self-employed, has commission-based employment, or other forms of variable income, contact a lawyer for assistance.
There are multiple factors that impact the duration of spousal support. First, California law limits it for shorter marriages. Your entitlement to it varies, depending on whether you were:
However, the length of the marriage is not the only factor the court considers.
The court must also evaluate each spouse’s financial resources and earning potential. Even if you the marriage lasted for ten or more years, lifetime alimony is relatively rare. For example, a stay-at-home mother with limited education and training may be entitled to alimony for a very long time. But, a spouse who is completing her MBA (which may significantly increase her earning potential) may eligible for alimony for a shorter period of time.
Finally, most spousal support orders are modifiable. If you or your spouse’s financial circumstances significantly change, you may be able to reduce or terminate alimony payments.
Under California law, family law judges cannot consider gender during a divorce, legal separation, or annulment. In fact, judges receive training on how to avoid gender bias. However, subtle bias does exist. For example, a judge may struggle with a stay-at-home father’s request for spousal support because of latent gender bias. If you want to avoid gender bias or discrimination in your claim, consider hiring an experienced lawyer. A lawyer can help you present the best possible case for (or against) support and ensure that bias does not impact the award.
Unlike child support, court-ordered spousal support is taxable. Therefore, recipients must pay income taxes on their support payments. And, if you pay spousal support, the payments are tax deductible.
Under certain circumstances, you can modify a permanent spousal support order. Typically, you can amend a support order if:
The current order was not designated as “non-modifiable,” and
There are changed circumstances that merit modification.
A material change in circumstances may involve a significant change in a spouse’s income, an unexpected disability, or loss of health insurance. If you believe you qualify for a modification of your support order, contact a lawyer for a personalized assessment of your claim.
If an ex-spouse remarries, his or her entitlement to spousal support typically ends. There is one primary exception to this rule. Support payments must continue if the marital settlement agreement clearly states that remarriage does not terminate alimony obligations.
If your ex-spouse receives support and moves in (cohabitates) with a significant other, you can petition the court to reduce or terminate his or her spousal support. When an ex-spouse decides to cohabitate, there is rebuttable presumption that his or her boyfriend or girlfriend is providing financial support. However, if there is evidence that the new couple is not sharing expenses and income, support payments may continue (since there has not been a significant change in the spouse’s financial circumstances).
If there is documented domestic violence in your marriage, the family court must consider the impact of the abuse (including emotional distress) when awarding permanent spousal support. And, if your spouse has a conviction of domestic violence in the past five years (and you were the victim), there is a rebuttable presumption that he or she is ineligible for spousal support.
In California, a wife may be entitled to 50% of marital assets, 40% of her spouse’s income, as well as primary child custody. These benefits are determined by the length of the marriage and the income of each spouse, among other considerations.
In general, there are various ways for an individual to avoid paying spousal support. You can plan ahead, have your attorney resolve the issue or suggest a termination date during the divorce, or you can request a modification or termination following the divorce.
In California, it is lawful to force your spouse to vacate your house and stay away for a specified period of time. However, such a court order can be obtained only if the individual demonstrates violence or threats of attack in an emergency or the risk for physical or emotional injury in a non-emergency.
Claims for spousal support in California are frequently contentious and emotional. An experienced alimony lawyer can help you build a strong case for or against support payments. At Family Law Matters, we provide our clients with compassionate care, tenacious representation, and detailed analysis. Contact us for a consultation.
After serving your spouse, they will have 30 days to file a parallel set of divorce documents referred to as the response. They, too, must file their paperwork with the court clerk. If your spouse does not timely file a response, the court has the authority to enter a default judgment against them.
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