Our Divorce Attorneys Resolve Spousal Support

Women often choose to put their careers on hold in order to raise families, only to be left without a source of income after divorce. Spousal support, often referred to as alimony, is a spouse’s legal obligation to provide financial compensation to the other spouse after divorce. Spousal support is granted to spouses that may be economically disadvantaged post-divorce. In order to receive spousal support, a spouse must prove that he or she cannot be financially independent post-divorce, among other factors. Some divorce clients feel more comfortable being legally represented by someone of the same sex. If you prefer for a woman to legally represent and advise you, contact Her Lawyer to get in touch with one of our female spousal support attorneys. Divorcing spouses often feel as though they may not be entitled to such compensations. If you were financially dependent on your husband or wife, you may be entitled to spousal support.

Am I entitled to spousal support?

A number of factors are considered when granting alimony, including but not limited to:

• How long the marriage lasted
• Each spouse’s age
• Each spouse’s emotional, physical, and financial health
• The economically disadvantaged spouse’s ability to become financially independent
• The standard of living maintained during the marriage
• The breadwinner’s ability to adequately support his or herself, all dependents, and the economically disadvantaged spouse
• Both spouses’ assets and debts
• Each spouse’s obligation to care for dependents

You and your spouse’s lawyers, or a California judge, will weigh these factors when determining spousal support. Legally speaking, all of these factors must be taken into consideration when granting spousal support.

Alimony payments ensure that a spouse relatively maintains their pre-divorce standard of living. Some divorce clients feel more comfortable being legally represented by someone of the same sex. If you prefer for a woman to legally represent and advise you, contact Her Lawyer to get in touch with one of our female spousal support attorneys.

When seeking alimony, one can either seek temporary or permanent spousal support. Let us break it down for you below.

Temporary Spousal Support

Temporary spousal support, otherwise known as pedente lite or “pending the litigation” support, is financial compensation paid during divorce until a permanent spousal support order has been reached. Temporary spousal support is typically granted at the initial hearing and ends with a final decree of divorce. To request spousal support, you and your attorney must file a “Request for Order” form with a California court. The “Request for Order” form requires that each party present their respective financial statements by filing an Income and Expense Declaration. Temporary spousal support is ordered to ensure the economically disadvantaged spouse sustains his or her standard of living during the divorce process.

Contrary to permanent spousal support, judges are required to consider only two factors when granting temporary spousal support:

• The needs of the partner requesting spousal support
• The other partner’s ability to pay

Under changing circumstances, temporary spousal support can be modified. Contact Her Lawyer to get in touch with one of our spousal support attorneys, who can help get you temporary spousal support. If you prefer for a woman to represent you, we can get you in touch with one of our female spousal support attorneys.

The main difference between temporary and permanent alimony is that temporary alimony is issued during a divorce, while permanent alimony is issued at the end of a divorce.

Permanent Spousal Support

Permanent spousal support is a support payment plan that obligates one spouse to financially support another spouse. Permanent alimony is granted at the end of the divorce. Contradictory to the name, permanent spousal support is rarely permanent.

Alimony/Spousal Support FAQs

How long do spousal support payments last?

Spousal support payments can end under a variety of circumstances. The length of spousal support is determined by the length of the marriage. Typically, those who were married for under ten years receive spousal support for half the length of the marriage. For example, if your marriage lasted six years, you will likely receive or pay spousal support for three years.

However, if your marriage lasted more than ten years, the length of your marriage may not play as important of a role. The time it takes for the dependent spouse to go through necessary educational training in order to become financially independent is also considered. However, in some cases, spouses are not obligated to become financially independent.

Other grounds for terminating spousal support include:

• If the payer dies
• If the payer is injured or unable to work
• If the supported spouse remarries

When evaluating spousal support, the monetary value of compensation is just as important as the payment plan’s duration.

How much can I receive in spousal support?

If granted, spousal support payments are intended to help economically disadvantaged spouses maintain their standard of living during and after divorce. Of course, alimony payments are also dependent upon a variety of factors, including the payer’s ability to pay and any separated assets that may yield income.

Typically, alimony will be provided to ensure a spouse’s standard of living is maintained, in accordance with his or her personal savings, income, and expenses. For example, if a dependent spouse’s standard of living costs roughly $75,000 annually and he or she personally earns $50,000 a year, he or she may be entitled to $25,000 to meet the standard of living costs of $75,000.

How often are spousal support payments made?

Spousal support is typically made in monthly payments. However, alimony payers have the option of lumping the sum of future monthly payments together and paying in advance.

Once signed by a judge, spousal support orders can be legally enforced.

How can I modify my spousal support plan?

Under changed circumstances, a payer or dependent may seek to modify the spousal support plan. Both partners can either collaboratively agree on a modification, or a California court can be left to decide. However, in the event of collaborative modification, a judge MUST sign the new spousal support order. When modifying spousal support, are verbal agreements are invalid. Your new spousal support agreement must be written, then signed by a judge. A spousal support lawyer can help you and your spouse collaboratively arrive at an agreement without needing to go to court.

Is spousal support different from child support?

Child support and spousal support are not mutually exclusive. While child support is a spouse’s legal obligation to financially support a child, spousal support is one’s obligation to financially support a child. Child support payments go towards a child’s necessities including food, supplies, care, etc. Spousal support payments, contrarily, can be used on whatever the recipient sees fit. Just because your spouse pays child support does not mean you are not entitled to spousal support, or vice versa.

Is spousal support tax-deductible?

Spousal support is not tax-deductible for individuals that make the alimony payments.

How can an attorney help me receive spousal support?

Spousal support attorneys have a thorough understanding of California’s divorce process and can negotiate alimony terms on your behalf. By compiling all relevant information, an experienced alimony lawyer can explain to the mediator, arbitrator, or judge why you deserve spousal support.

Here are some answers to more California spousal support FAQs.

Spousal Support – Attorney Principles

Defending Your Legal Rights

Your legal rights are of utmost priority to us. California’s legal system ensures spouses are legally and financially protected under the law. We can help you navigate through complex legislation to ensure you and your children’s rights are protected. One of Her Lawyer’s spousal support lawyers will defend your assets, entitlements, and best interests.

Entitlements Must Be Met

Some clients feel hesitant to seek alimony. Understand that if you are eligible for spousal support, it is your legal right to maintain your standard of living. To protect your legal rights and entitlements, contact Her Lawyer to get in touch with one of our alimony lawyers.

Personal Needs Require Personalized Service

Some clients may feel more comfortable being legally represented by someone of the same sex, or even of the opposite sex. Her Lawyer commits to prioritizing your needs and preferences. If you prefer female representation, contact Her Lawyer to get in touch with one of our female spousal support attorneys.