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Spousal Support Attorney in San Diego

Reliable Legal Guidance for Alimony and Spousal Support Agreements in San Diego, CA

Alimony paymentSpousal 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 spousal support attorney in San Diego 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 is Spousal Support Calculated 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 Spousal Support Required in CA?

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.

How Long Does Alimony Last?

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 Spousal Support 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:

  1. Termination by agreement: Spousal support can be terminated by both parties if they agree in writing.

  2. 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.

  3. 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.

  4. 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.

Discuss Your Alimony Matter with an Experienced San Diego Spousal Support 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.

The Embry Family Law P.C. Team

  • Ben E. Embry Photo
    Ben E. Embry

    Founding Attorney

    Ben was born and raised in Henderson, Kentucky, and attended the University of Kentucky. He did not leave Kentucky until he moved to San Diego to attend law school in 2006. Ben grew up on his father’s farm, doing the things that most “farm boys” do: Plowing the fields, tending the cattle, and harvesting crops, all while leaving enough time to fish in the pond. Working for his father is what gave Ben the work ethic he has today. Despite the fact that farming was in his blood, Ben decided early on ...
  • Nicholas  Montano Photo
    Nicholas Montano

    Senior Paralegal/Office Manager

    Nicholas is a native San Diegan who grew up in Golden Hills, right by the 94 freeway. As the middle of three siblings, he was and is the “peace maker” in the family. At Embry Family Law P.C., Nicholas enjoys supporting clients by explaining the process to them, listening to their concerns, and assuring them that they are in good hands and that everything will be okay. Nicholas attended St. Augustine High School and Cuyamaca Community College, and he is working on his last semester to become ABA ...
  • Shyanne  Mortimer Photo
    Shyanne Mortimer

    Lead Litigation Paralegal

    Shyanne was born in Concord, California where she lived for the earlier parts of her life before moving to Fresno California. In 2018 she graduated from Clovis West High School and continued her education at her local private college, Fresno Pacific University. She graduated a year early in 2020 with her Bachelor's Degree in English and an emphasis in classic literature. She is a first generation college graduate and used this as fuel to pursue her education further. In 2021 she attended the ...
  • Daniel  Ledesma Photo
    Daniel Ledesma

    Legal Assistant

    After receiving his bachelors in Law & Society at the University of California, Riverside, native San Diegan Daniel Ledesma has worked in two legal fields whilst he prepares for his next stop: Law School. Growing up in a diverse setting that San Diego entails, Daniel wants to enrich his legal expertise and assist individuals within his community who may not be 100% knowledgeable with their rights. Prior to joining Embry Family Law, Daniel worked in Immigration law and took a vast amount of pride ...
  • Gabriele  Finley Photo
    Gabriele Finley

    Litigation Paralegal

    I am a graduate of California State University San Marcos with a Bachelor of Arts in Social Sciences. I unexpectedly found my passion for the legal field during a Sociology of Deviance class and went on to earn my Paralegal Certificate from the University of San Diego School of Law. I have always had a strong inclination towards Family Law, and my love for it stems from my passion for being a genuine advocate for others. In my free time, I enjoy exploring different areas of San Diego, cooking ...
  • Carmen  Caserta Photo
    Carmen Caserta

    Associate Attorney

    Carmen was born in Los Angeles, CA, and grew up in the San Fernando Valley. She moved to San Diego as a budding singer/songwriter in 2001, when she was just nineteen years old. After spending a few years teaching herself to play piano and write music, Carmen began to feel a strong pull toward academic pursuits. With a lifelong fascination surrounding the complexities of the human experience, she decided to pursue a BA in psychology and graduated with Honors from Chapman University in 2008. ...
  • Julie  Mekhael Photo
    Julie Mekhael

    Law Clerk

    Julie was born in Los Angeles, CA, where she then grew up in East Highland Ranch with her fun family of 5. In 2010, she and her family moved to Sunny San Diego, where she graduated from Torrey Pines High School and continued her education at the University of California San Diego (UCSD), receiving her bachelor’s degree in political science. Her early love for competitive swimming, which started at the age of 5, carried her through her college years. But a new path called her when she made the ...

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