Encinitas Spousal Support Lawyer

Divorce is a major life event, with many individuals experiencing financial shocks as they strike out on their own. Helpfully, men and women who divorce in California can seek spousal support, also called alimony. This is a payment one spouse makes to the other, usually every month.

Spousal support can represent a considerable amount of money. So much is at stake that anyone seeking to divorce should contact an experienced lawyer at Griffith Young to speak with an Encinitas spousal support lawyer. We can negotiate support payments or, if negotiations falter, ask a judge to order support. Call or contact us online to schedule a time to meet.

Why Alimony?

The objective of spousal support is to help a spouse get on their feet financially and recognize their contribution to the marriage. The reality is that divorce affects people’s finances in different ways. A spouse who has a high income might not miss a beat, but a lower-earning spouse could struggle to pay a mortgage or rent. They might not even be able to find appropriate work.

Spousal support can be temporary, lasting only for the duration of the divorce to maintain the status quo. But it can also last after the divorce is finalized, and one spouse might make regular payments to their ex for years.

Temporary v. Permanent Support

A judge can award either temporary or permanent support.

• Temporary support. Also called alimony, “pendente lite”, temporary support will last for the duration of the divorce proceedings. The objective is to maintain the status quo, at least until the divorce is granted. Some of our clients also request temporary support on an emergency basis if they are seeking a domestic violence restraining order against their spouse.
• Permanent support. If you receive support after the divorce is finalized, then you are receiving permanent support. Typically, support is negotiated between the parties, or a judge includes it in the final judgment.  Despite the name, “permanent” spousal support is typically not permanent.

Reach out to Griffith Young if you have questions about whether to request spousal support. The worst thing that can happen is a judge says you aren’t entitled to it. If you never ask, then it’s unlikely your spouse will offer it.

Prenuptial Agreements & Spousal Support

A valid prenuptial agreement can impact spousal support. Often, one spouse waives their right to seek alimony, or they agree to a set amount. For example, a spouse might agree to receive $10,000 a year for five years—and that’s it.

If the prenuptial agreement is valid, then judges typically enforce them. There are exceptions where the prenuptial agreement was procured by fraud or duress, but these situations are rare.

Notify your Encinitas spousal support lawyer if you signed a prenuptial agreement. It can dramatically impact what you receive, if you receive anything at all.

How Judges Determine Alimony

A couple might decide alimony between themselves, either in a prenuptial agreement or as part of their settlement at divorce. When couples remain apart on this issue, it’s up to a judge to determine alimony.

The California legislature has instructed judges on what factors to consider. You can find them listed Section 4320 of the Family Code:

• Each spouse’s earning capacity, including their education and marketable skills;
• How long it would take a spouse to obtain work experience, education, or marketable skills;
• The duration of the marriage;
• Whether one spouse contributed to the other’s education or career;
• Each spouse’s financial needs based on the marital standard of living;
• What separate property each spouse will leave the marriage with;
• Whether a spouse will take care of the children after divorce;
• Any history of documented domestic violence;
• Tax consequences of alimony;
• Other equitable or hardship factors.

Although the list is long, judges typically engage in an “all things considered” approach to determining alimony. The main objective is to help the supported spouse get on their feet after marriage. Indeed, spouses who receive support are expected to take steps to become self-sufficient.

How Long Alimony Will Last?

Another major question is how long a person will pay alimony. There is no easy answer. However, there are some guidelines based on the duration of the marriage.

Short-Term Marriages (Fewer than 10 Years)

The general rule is that a judge will set a time limit on alimony that is no more than half the duration of your marriage. So if a couple was married for 6 years, then a judge will usually award only three years of alimony.

There are exceptions. One spouse could be disabled and the other have a high income, so a judge will award alimony for a longer duration. Still, this is the basic calculation most judges use.

Long-Term Marriages (10 or More Years)

A judge does not set an end date for couples when they have had a long-term marriage. Instead, the court retains jurisdiction over the case.

Will you have to pay indefinitely? Probably not. The paying spouse can always request a modification to reduce alimony or even terminate it. Your ex might get back on her feet in a couple of years, in which case she can support herself, a judge can reduce or even eliminate alimony.

Nonetheless, permanent alimony requires that the paying spouse stay abreast of changes and seek a modification where appropriate. The lawyers at Griffith Young can help you gather evidence and present an argument to the judge.

When to Modify or Terminate Alimony

A judicial support order is not set in stone. Instead, the court might need to review and either modify or terminate the support. Even support for a long-term marriage can end at some point.

There are some common reasons the paying spouse requests a reduction in support:

• Your ex has moved in with a romantic partner. The presumption is that your ex is now being at least partially supported by the new partner, so a reduction is appropriate.
• Your ex is now self-sufficient. A new job, pay raise, or promotion can reduce the need for spousal support.
• The children are grown and have moved out of the house. Your ex could have requested support while staying home to raise the children, but now there is no impediment to going out and getting a paying job.
• Your ex is not taking reasonable steps to become self-supporting. Spousal support does not let an ex kick back and relax. They must take tangible steps to support themselves.

Some paying spouses suffer financial difficulties—job loss, business closure, or illness and disability. These might be valid reasons to request a reduction. However, you should continue to pay until a judge agrees to the modification request.

Alimony will automatically terminate if your ex gets married again—although some spouses who receive alimony might hide that fact. You still should call our office to discuss termination and what to do.

FAQs about Encinitas Spousal Support

What should I do if my ex refuses to pay support?

Bring the failure to the court’s attention. Return to the court which ordered alimony, even if you have moved. A judge can take steps to coerce your ex to make payment. For example, you might garnish your ex’s wages or put a lien on property. A judge could also hold your ex in contempt of court.

How do I prove my ex has moved in with someone?

If you are hoping to reduce support, you need evidence of the new romantic relationship. In practice, this might mean talking to witnesses or even hiring a private investigator. A judge wants more evidence than a bare allegation your ex is now living with a partner.

Can I negotiate spousal support without a lawyer?

Yes–but that is not ideal. Call Griffith Young to speak with an experienced attorney.  You might not know how much you can request if your case ends up before a judge. Some spouses settle for too little, but it’s hard to undo a negotiated divorce settlement agreement.

Who pays taxes on alimony?

Changes to the tax code now place the burden on the paying spouse. That means the recipient spouse can write off the payments. Having to pay taxes on support can dramatically reduce a person’s income. Talk with a divorce lawyer. You might be better off negotiating a property settlement agreement and giving your spouse more property in the divorce to avoid paying support.

Will I receive alimony indefinitely if I was married for 10 years?

Probably not. Although your support order will not have a termination date, a judge still retains control over the case and can modify it in the future.

Speak with an Experienced Spousal Support Lawyer at Griffith Young!

Alimony is an important source of financial support for many men and women during and after divorce. To find out more about whether you can request alimony—or for help avoiding a large alimony obligation—contact Griffith Young. An Encinitas spousal support lawyer can review your case in a private consultation.