San Diego Spousal Support Attorney
Reliable Legal Guidance for Alimony and Spousal Support Agreements in California
Spousal support, also known as alimony, is often an issue when one spouse earns significantly more money than the other. Spousal support may be ordered to help the lower-earning spouse become self-supporting.
At Embry Family Law P.C., our San Diego spousal support attorney can answer your questions and guide you through the process. Whether you are seeking alimony or disputing the amount of alimony you are being asked to pay, we have your best interests at heart.
If you are seeking spousal support or disputing the amount of a spousal support payment, please contact our San Diego spousal support lawyer at (619) 485-6476 to schedule a consultation today.
How to Calculate Spousal Support in California
Alimony is not awarded in every situation but can be requested by either spouse. Courts have great discretion when awarding alimony and will consider numerous factors when calculating payments.
When establishing spousal support, the court may consider:
- Earning capacity of each party
- Duration of the marriage
- Assets and financial obligations
- Age and health of each spouse
- Ability of supporting spouse to pay
- Needs based on marital standard of living
- Documented evidence of domestic violence
- What the supported spouse would need to attain the skills required for gainful employment
- The extent to which one spouse’s earning capacity was impaired because of long periods of unemployment that were devoted to raising children or completing domestic duties
Is Alimony Required in California?
No, alimony payments are not required in the state of California. The judge may order spousal support if one party make significantly more than the other. The supported spouse should still try to make every effort to support themselves, by means of continuing education or gaining certificates for gainful employment. This is not always possible, so the CA family courts proceed on a case by case basis.
Duration of Alimony in California
The length of the marriage is the primary factor in the length of time that a spouse will receive support. Spousal support is usually awarded for a certain amount of time in cases where the marriage lasted fewer than 10 years. When a marriage lasts more than 10 years, the court may award support for an indefinite period of time. In longer marriages, the burden of proof is often on the spouse paying alimony to show that spousal support is no longer necessary.
How to End or Change Alimony in California
It is possible to terminate or modify spousal support in California, also known as alimony. Divorce can end spousal support in a variety of ways, such as:
- Termination by agreement: Spousal support can be terminated by both parties if they agree in writing.
- If either party files a motion to modify the spousal support order, the court can terminate spousal support. Changes in income and employment, as well as other factors, will be considered by the court when terminating support.
- Termination due to the receiving spouse's remarriage or cohabitation: Spousal support automatically ends when the receiving spouse remarries or enters into a new domestic partnership. In addition, if the court determines that the receiving spouse is receiving financial support from a new partner, the support may end.
- Termination due to the paying spouse's death: When the paying spouse dies, the support stops automatically.
To ensure that all necessary steps are taken and that your rights are protected when terminating spousal support, it is recommended that you consult with a San Diego spousal support attorney.
Our San Diego Alimony Attorney Can Help
In California, ending or modifying alimony can be a complex legal process that necessitates the knowledge of a lawyer for several reasons. At Embry Family Law P.C , our spousal support legal team can help navigate the intricate legal standards and procedures involved, ensuring that the modification request is correctly presented and substantiated with proper evidence, such as changes in financial circumstances or life situations.
Call (619) 485-6476 today or contact us online for an appointment with our San Diego alimony attorneys.
Discuss Your Alimony Matter with an Experienced San Diego Alimony Lawyer
Spousal support can have a huge impact on your ability to move on after your divorce. Whether the issue is that you need to order alimony payments or you need to contest a spousal support order that is too high, our San Diego spousal support attorney is by your side in and outside of the courtroom. Call our firm today to learn more about your options.
To discuss your spousal support concerns with our San Diego alimony attorney, contact us online or call our firm at (619) 485-6476 today.
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I was in the middle of a divorce case when I called Ben firm for a consultation. The paralegal Nicholas was very helpful! He was responsive and did thorough research to give me great and fair legal advice. Thank you for that.- Anthony H. -
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It had been a long two years of waiting and frustrations in the hands of my previous lawyer to get the legal closure I needed to move forward with my post-divorce life. As anyone going through divorce knows, nothing about it is easy or enjoyable ... that is until I met Nicholas Montaño. As office manager and head paralegal at Embry Family Law, Nicholas took my call and ran with it. From the get-go, I felt supported and that I was in capable hands. Within a few weeks, I was happily divorced and all was finalized, even sooner than the court date assigned to my case. Throughout our [thankfully] short time working together, he showed compassion, empathy, and understanding. And I especially appreciated his effective and efficient communication, and willingness to go above and beyond with sensitivity to time. Thank you Nicholas -- your team and clients are lucky to have you.- Kathy D. (Google Review) -
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Ben, Kaylin, and Nick are an amazing team of knowledgeable professionals in family law. Their main focus is their client's and family member's wellbeing. They are calm and extremely experienced with custody orders. Not everyone can handle your stress and the chaos that you may have while going through the family law process, but this team gets the most difficult situation handled with care and full transparency and respect. Extremely grateful to have Ben, Kaylin, and Nick on my side. Highly recommend- Jenn W. (Facebook Review)