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 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. 

Spousal Support Calculations 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.

Duration of Alimony

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.

Terminating or Modifying 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.