When a marriage ends in a divorce, one spouse may be entitled to support. If you are contemplating or going through a divorce, it is important to have a skilled San Diego spousal support attorney on your side who can help you navigate the legal process. Whether you are seeking spousal support or defending against it, we can help you understand your options at every step of the way. Family law attorney Roseline D. Feral can help you move toward a resolution that protects your financial and personal future.Understanding Spousal Support in California
Spousal support, often known as alimony, is the term used for payments made from one spouse to the other after a divorce or legal separation. The California Family Court has the power to order either spouse to pay this type of support. The idea behind spousal support is to provide a spouse with a lower income potential with financial support.
The spouses are free to come up with a spousal support agreement that works for them. Once both parties agree, they may memorialize it in a formal agreement and submit it to the judge to sign to have it become a binding court order.
Spousal support may be temporary or permanent. Temporary support is spousal support that is ordered while a divorce, legal separation, or annulment is pending. This type of support is typically ordered to preserve the status quo during the process of ending the marriage. Permanent spousal support, on the other hand, is “post-divorce” support and is designed to ensure that the receiving spouse will be able to maintain the same standard of living that they enjoyed during the marriage.
The judge will consider a number of factors when making a spousal support determination. Some of these factors include the need of the recipient spouse, the extent that either spouse contributed to the other’s education or training, the couple’s assets and debts, the duration of the marriage, the education and earning potential of each spouse, the age and health of each spouse, tax consequences for each spouse, and any other factors that appear to be relevant. A skilled spousal support lawyer can help San Diego spouses determine which factors may be appropriate to consider in their specific situation.
The duration of spousal support will also depend on the length of the marriage. For marriages lasting less than 10 years, spousal support obligations will be equal to one-half of the length of the marriage. For example, if the marriage lasted six years, the presumption is that the appropriate length of support is three years. For marriages that lasted longer than 10 years, the court will not set an automatic time limit for spousal support. Instead, the lesser-earning spouse will continue to receive support as long as they need it.Contact a Spousal Support Attorney in San Diego to Discuss Your Options
The issue of spousal support is often a contentious aspect of a divorce, but it does not always need to be. With the help of a skilled San Diego spousal support lawyer, you may be able to resolve your spousal support matter in an efficient and even amicable way. Divorce attorney Roseline D. Feral guides residents of Chula Vista, El Cajon, La Mesa, Coronado, Del Mar, Carlsbad, Encinitas, La Jolla, Oceanside, Escondido, Ramona, Rancho Santa Fe, San Marcos, Valley Center, Bonita, National City, and Vista, among other Southern California cities. To set up an appointment, contact us online or call our office at 619-232-1010, or you can contact Attorney Feral directly at 619-301-1191.