Ending a marriage can be an emotionally turbulent time in your life, but it can get even worse if you are facing financial uncertainty. As an empathetic spousal support lawyer at the Law Office of Cherish Om, I can address your concerns and set you on the path to a financially secure post-divorce life. Contact my office today to schedule a consultation.
Navigating the intricate landscape of divorce proceedings can be daunting and stressful, especially when your financial stability is at stake. On top of the emotional challenges faced by divorce, you may find yourself dealing with financial concerns related to the division of assets and spousal support.
In my years of practice as a spousal support lawyer at the Law Office of Cherish Om, I have successfully helped thousands of people throughout Watsonville, California, stay financially secure after divorce. I am well-versed in California’s alimony laws and understand how the local courts operate. Whether you are seeking spousal support or contesting it, I can provide you with the advice, support, and representation you need to help you work toward resolving the matter in your favor.
Need help with obtaining, contesting, modifying, or enforcing spousal support? Contact the Law Office of Cherish Om today to arrange a consultation and discuss the specifics of your case. My office is open and ready to assist you from 8 a.m. to 5 p.m. Monday through Friday.
Understanding Spousal Support
Spousal support, also known as alimony, in California is a legal obligation on one spouse (the supporting spouse) to provide financial assistance to the other spouse (the supported spouse or the recipient) after they separate or divorce. Spousal support is provided to the more financially dependent spouse to help them meet their post-divorce financial needs and attain self-sufficiency. California courts also recognize the term “domestic partner support.” According to the official website of The Judicial Branch of California, spousal support is for married persons, while domestic partner support is for domestic partners.
Types Of Spousal Support
California courts recognize two primary types of spousal support:
- Temporary alimony, which is also called “alimony pendente lite” (or alimony pending the litigation from Latin), is financial assistance provided to the lower-earning spouse while the divorce is ongoing. When the case is resolved, temporary alimony may turn into permanent alimony if appropriate.
- Permanent alimony is awarded after the divorce is finalized. However, despite being called “permanent,” this type of spousal support does not necessarily last forever. In most cases, permanent alimony lasts for several months or years before it ends.
When a court orders permanent spousal support, it may opt for what is known as “rehabilitative alimony.” This type of alimony is awarded to give the supported spouse enough time to search for a job or receive the necessary education or training to expand their employment opportunities. Typically, rehabilitative alimony is paid until the conclusion of the specified time period or when a specific event occurs (e.g., the supported spouse becomes self-sufficient). California courts also recognize lump-sum alimony, which is an alternative to providing spousal support in monthly installments.
How Is Alimony/Spousal Support Determined?
uch to award and how long an alimony order should last, California courts consider the following:
- The financial needs and earning capacity of each spouse
- Each spouse’s ability to maintain the standard of living established during the marriage
- The supported spouse’s ability to find gainful employment based on their education, marketable skills, and other factors
- The supporting spouse’s ability to financially support their spouse
- Each spouse’s health and age
- The length of the marriage
- The supported spouse’s contributions to the marriage and the supporting spouse’s education, training, and employment
- Any history of domestic violence between the parties
- The tax consequences of a potential alimony order
- The balance of hardships for both the supporting spouse and the supported spouse
- Other factors that a judge deems to be relevant to make a proper determination
Whether you are fighting to obtain spousal support or avoid alimony payments, you might want to contact a knowledgeable spousal support lawyer to understand your rights and options. At the Law Office of Cherish Om, I can help you figure out if your situation warrants spousal support and, if so, how much alimony you can be expected to pay or receive and for how long.
Calculating Spousal Support
The amount and duration of spousal support in California are calculated based on statutory guidelines after carefully reviewing the above-mentioned factors. Spouses can agree to how much will be paid in alimony and for how long alimony will be paid outside the court system by drafting a spousal support agreement. If the spouses cannot reach an agreement, the court will make the determination for them.
While courts have broad discretion in calculating and awarding alimony, the general guidelines in California take between 35% and 40% of the supporting spouse’s income and then subtract between 40% and 50% of the supported spouse’s income. The percentages vary depending on the county.
Spousal Support Lawyer FAQs
Ending a marriage can cause drastic changes in your life and your financial situation, which is why it should not come as a surprise that you may have many questions on your mind when going through divorce proceedings. The section below aims to address some of the most frequently asked questions about spousal support:
- What is spousal support?
Spousal support is financial assistance provided by the higher-earning spouse to the lower-earning spouse to help the latter achieve financial stability and self-sufficiency after separation or divorce.
- Who is eligible for spousal support?
California has gender-neutral alimony laws, which means either spouse is eligible to request spousal support regardless of their gender. As a general rule, if one spouse is financially dependent on the other and the other spouse has the means to provide financial assistance, the lower-earning spouse will be eligible for spousal support.
- Who qualifies for spousal support In California?
In California, spousal support may be awarded during divorce proceedings when the lower-earning spouse makes a request for such support. The request will be granted if, after considering all the relevant factors, the court determines that it is appropriate to award spousal support to the requesting party.
- What factors are used when determining spousal support?
California courts consider a variety of factors outlined in Cal. Fam. Code § 4320 when determining spousal support. Some of the factors include each party’s financial needs and ability to maintain the standard of living established during the marriage, the length of the marriage, and many others.
- What are the common types of spousal support agreements?
There are two primary types of spousal support arrangements in California: temporary (short-term) and permanent (long-term). Temporary alimony is paid during the divorce process, while permanent spousal support is paid after the divorce is final. When permanent alimony is awarded, it can be paid as a lump sum or periodic monthly payments.
- Can spousal support be modified or terminated?
Yes, either spouse can request modifications to the existing spousal support order. However, California courts do not modify alimony award orders unless the party requesting modifications can demonstrate a “change of circumstances.” According to the official website of The Judicial Branch of California, spousal support can be terminated when (a) the supported spouse remarries, (b) the parties agree in writing about the termination date, (c) the court orders that the order should end, or (d) either spouse dies.
Why Hire a Spousal Support Lawyer?
A spousal support lawyer can help ease the stress of navigating divorce and secure your financial well-being. Your lawyer will be by your side to:
- Explain what you are entitled to under the law;
- Advocate for your best interests;
- Help ensure that you are not being taken advantage of during divorce proceedings and negotiations;
- Provide you with honest legal guidance throughout the process;
- Seek financial disclosures from your spouse to ensure fair spousal support determination;
- Prepare all filings and paperwork relevant to the matter; and
- Help you negotiate a fair and reasonable alimony agreement.
At the Law Office of Cherish Om, I know just how painful and draining divorce or separation can be. During these troubling times, the last thing you want to worry about is financial difficulties. As your legal advocate, I can provide you with the representation you need to navigate the divorce proceedings, including determinations of spousal support, successfully and efficiently.
The Law Office Of Cherish Om: Trusted Spousal Support Lawyer In Watsonville, California
As a divorce lawyer at the Law Office of Cherish Om, I am committed to providing my clients with diligent and zealous advocacy in all family law matters, including divorce cases.
I understand the emotional toll that divorce can take and aim to provide each client I represent with the compassionate guidance and effective representation they deserve. Whether you are seeking alimony or contesting it, I am ready to bring my experience and skills to your aid to help you reach an ideal arrangement for your unique situation.
Ready to get started? Reach out to my law firm to schedule a consultation or arrange a meeting to start working on your case
(831) 291-5315- om-law@outlook.com
1050 S. Green Valley Rd.
Watsonville, Ca 95076
