Orange County Spousal Support Lawyer

Orange County Spousal Support Attorney

Whether you are in need of alimony yourself or want to protect your rights as the higher-earning spouse, be sure to consult with a qualified and experienced Orange County spousal support lawyer.

Spousal support is one of the most common aspects of a divorce or legal separation. Not only is the team at The Law Offices of Ronda A. Middleton well-equipped to handle spousal support matters—we’re also able to assist you with any other divorce or family law issues you may have.

Understanding Spousal Support Laws in CA

Spousal support, also referred to as alimony, is a type of financial arrangement between spouses who have separated or are in the process of officially separating. The purpose of spousal support is to provide necessary assistance to the lesser-earning spouse while they have insufficient resources to properly support themselves. However, spousal support is not a mandatory element of divorce and is never guaranteed to be awarded to the spouse who has requested it.

Usually, alimony must be court-ordered during the divorce proceedings or shortly before the separation has been finalized. Alimony may be among the spouses’ divorce settlement terms—meaning payments start after the divorce is officially decreed—or the family court judge may grant support to a spouse who is in financial need while the divorce case is ongoing.

If you believe you may qualify for or are in need of immediate spousal support, you can file for alimony once you initially submit your divorce petition or at any point before the proceedings end. It’s also possible to include spousal support terms within the negotiation stage of your divorce settlement. You may present your case for alimony to your spouse’s legal team or the family court judge.

Types of Alimony Arrangements in California

In the state of California, there are two forms of alimony arrangements: temporary spousal support and long-term spousal support. It’s possible to receive only one, both, or no forms of alimony. It’s important to know that financial support is not only available for spouses undergoing a divorce but also for those going through a legal separation, dissolution of a domestic partnership, and cases involving a domestic violence restraining order.

Temporary, or short-term, spousal support may be awarded by the court or agreed upon between the parties involved. Temporary alimony usually begins shortly after the spouses separate, near the beginning of the divorce proceedings. Its purpose is to allow the spouse to maintain their standard of living while reorganizing their financial situation, adjusting to life after marriage, and acquiring any career training or employment if they’ve been out of the workforce for some time.

Long-term, or permanent, spousal support is not dissimilar to temporary alimony. However, payments begin after the divorce or separation is finalized, and they last for a longer period of time. An individual does not necessarily qualify for permanent alimony if they qualified for temporary spousal support. Whether a spouse is awarded long-term support depends on their efforts and ability to support themselves, among other factors.

Who Qualifies for Spousal Support in CA?

When the family court judge overseeing your case is deciding whether the requesting party is eligible for spousal support, they take numerous factors into consideration. These factors, outlined in the state’s Family Code, include:

• Whether the spouse’s current earning capacity allows them to maintain the standard of living that was established during the marriage
• The skills of each spouse that could help them find employment in the current job market
• The time and funds needed for the spouse to develop career skills that are marketable to the modern workforce
• Whether retraining or education is needed for securing employment and/or developing skills in order to maintain the marital standard of living
• Whether the spouse’s earning capacity was impacted due to bouts of unemployment resulting from them tending to domestic duties over the course of the marriage
• Whether the spouse contributed—to what degree—to their partner’s career opportunities, education, or obtaining of a professional license
• The ability of the higher-earning party to pay child support
• The needs of each spouse based on the marital standard of living established
• The assets of each spouse, including separate and community property
• The financial obligations of each party, including separate and shared debts
• The length of the marriage
• The age and health of each spouse
• The ability of the requesting spouse to seek employment without negatively affecting the needs of any dependent children in their care
• Whether there’s any documented evidence of domestic violence
• Any tax consequences of spousal support for either party

While all of these factors are important to consider, the length of the spouses’ marriage can often directly impact the amount of time the lesser-earning spouse is eligible to receive support. For example, it’s possible that for those with a “marriage of short duration,” the spouse may only be awarded support for half the time of the marriage.

Longer marriages may allow a spouse to receive lifetime support. Additionally, if a spouse is disabled, of advanced age, or otherwise unable to be self-sufficient, they likely have a valid reason to receive support for a longer period of time. In most cases, it’s expected that the spouse receiving support will make efforts to secure employment or pursue training/education that allows them to find a job.

Why You Should Work With an Alimony Lawyer

There are numerous reasons why it’s a good idea to work with a legal professional who’s familiar with the complicated nature of spousal support issues. On a basic level, your legal counsel can advise you on how to take the strongest course of action and help you properly prepare the multiple court documents required. It’s important to start the process correctly to avoid potential delays and streamline the often lengthy court procedures.

Whether you’re the spouse seeking financial support or you want to avoid paying excessive alimony installments, your family law attorney is there to protect your rights and represent your interests in all legal meetings and proceedings. Your spousal support lawyer in Orange County can assist you in calculating potential support estimates and determining how the spousal support may impact your taxes, as well as how long you can expect the alimony arrangement to last.

FAQs

How Do Judges Decide to Award Alimony in California?

In California, family court judges determine whether to award alimony to a spouse after considering numerous factors outlined in the state Family Code and any other important details of the divorce case.

Important factors judges look at include the age and health of each spouse, how long they were married, the needs of each spouse according to the standard of living established during the marriage, and the requesting spouse’s ability to earn income and self-support.

What Are the Types of Spousal Support in California?

Long-term and temporary spousal support are the two kinds of alimony in California. Temporary spousal support is generally given to the spouse in need at the beginning of divorce proceedings so they are able to pay for legal representation and reorganize their financial situation. This type of support ends once the divorce is finalized.

Long-term, or permanent, spousal support is awarded after divorce proceedings have ended, and how long the payments last depends on the case.

How Do You End Spousal Support Payments in CA?

There are multiple ways in which a spousal support arrangement may end in California, depending on your circumstances. Spousal support ends if either spouse dies, remarries, or cohabitates with a new partner or if there are significant changes in either person’s financial situation. Many spousal support agreements also end once the predetermined end date has passed or upon approval from the court.

What Happens If My Spouse Doesn’t Pay Their Support?

If your ex-spouse hasn’t provided support payments per court order, it’s important to speak with a skilled alimony lawyer. When a court judge orders either spouse to provide temporary or permanent spousal support, that individual is bound by a legally binding court order to comply.

This means that failing to adhere to the court order can result in legal penalties. A lawyer can help you file a complaint with family court if your spouse hasn’t been providing support payments.

Do I Need a Spousal Support Lawyer in California?

In the state of California, you are never legally required to hire a family law attorney for your case. However, this doesn’t mean you are not highly advised to seek qualified legal assistance when you or your ex-spouse are seeking spousal support. Divorce can be deceptively complicated, and spousal support, in particular, is an often complex aspect of family law. With the help of an Orange County family lawyer, you can protect your rights and work toward your goals.

Receive Professional Help With Your Alimony Concerns

You can trust the seasoned legal team at The Law Offices of Ronda A. Middleton to manage your spousal support concerns and other important family law matters. Contact us today to schedule an initial meeting with a qualified spousal support lawyer about your case.