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Welcome to our San Diego spousal support attorney website page. Over the past few decades, the divorce rate in the United States has been decreasing. Still, there are many couples each year that will have to endure the emotional and financial stress occurred during divorce cases. This is why you need the right San Bernardino County alimony lawyer on your side.
California divorce statues are designed to make a fair determination about how much financial support the greater-earning spouse should be ordered to pay.
During divorce proceedings, California courts will collect data to make a determination on spousal support for the lesser-earning spouse. The amount awarded in spousal support payment varies a great deal from one couple to another. In California, there are two types of awards that may be ordered:
Temporary Spousal Support or Alimony
Divorce cases can be lengthy. To assure that the lesser-earning spouse is able to survive financially during a divorce or separation, the Family Court may order the other spouse to pay Temporary Spousal Support. In California, orders for Temporary Spousal Support can be retroactive, but are only intended for support while the divorce is finalized.
Permanent Spousal Support or Alimony
If reconciliation does not occur during a divorce proceeding, the Family Court will assign Permanent Spousal Support to be paid by the spouse with greater earnings. The length of time that these payments must be made varies and is not always permanent. There are several factors that Family Court uses in determining the length and amount of payments:
• Debts and Assets
The family Court considers all marital property and debts owed before making a judgment for Spousal Support. Back taxes, home mortgages, credit card debt and prior judgments and wage garnishments are all considerations that the courts make before assigning amounts for Spousal Support. Assets such as real estate, automobiles and personal property are also considered.
California statutes require that all earnings of both parties to be considered when making Spousal Support determinations. These earnings include income from working and from investment income.
• Standards of Living
The courts will consider the current standard of living that was maintained during the marriage, and the needs of both parties.
• Marketable Skills and Vocational Training
In many marriages, one party may have spent several years taking care of the domestic responsibilities needed to maintain the couple’s lifestyle. The Family Court will consider that the spouse that needed to stay home may need vocational training to return to the workforce.
• Length of Marriage
In California, the amount of time that the divorcing couple had been married is considered. In marriages that lasted less than ten years, the supporting spouse may not have to pay support for as long as those with longer marriages. Age and overall health of both parties are also factored in when making a judgment for support.
• Domestic Violence
California statutes require that spousal support judgments take into consideration if there has been domestic violence. If the supporting spouse has been a victim of domestic abuse at the hands of the lesser-earning spouse, the amount rewarded may be reduced.
Permanent Spousal Support does not usually last a lifetime. Instead, it is ordered with the intention of allowing the supported spouse ample time to reenter the workforce and prevent extreme hardship.
Speak With an Experienced & One of The Best Legal Team Who Can Get You Results
San Bernardino County Divorce proceedings can be unpredictable at best. While a divorce can technically be done without the assistance of legal counsel, having an attorney to represent both parties will increase the likelihood that both parties are satisfied with the final outcome.
Divorce is an emotionally charged event, and attempting to settle a divorce without legal representation can have devastating consequences.
It is important that you call us now to talk directly to an attorney now.