Oceanside Spousal Support Lawyer

Divorce is financially ruinous for many Oceanside residents, especially those who stayed home to raise children or otherwise do not have sufficient work experience or education. When a couple separates, living expenses can rise to dizzying heights, but the lower-earning spouse often struggles to make ends meet. In situations like these, a person should request spousal support. Call Griffith Young to discuss the process and the likelihood of success.

Spousal support is a payment one party makes to their ex, either during divorce or after the marriage is dissolved. Also called alimony, spousal support is a critical lifeline for many Oceanside, CA, residents. Our law firm can help you request support or, if you are the spouse with more earning potential, guard against paying too much. Judges have discretion in this area, so you will benefit from hiring an experienced family law attorney. Our alimony attorneys have a proven track record of helping clients on both sides of these cases reach a favorable outcome.

Alimony is Not Child Support

Many people confuse alimony with child support. They serve different purposes. Each parent must financially support their children even when they live in different households. Child custody and child support are separate legal issues from spousal support, and they are handled differently in family court. However, alimony is support to a spouse during the divorce process or after divorce to help them get back on their feet. The ultimate goal is for each party to be self-supporting, but one party might need some help while they get an education or more work experience.

Spousal support cases can vary significantly depending on the length of the marriage, each spouse’s financial circumstances, and whether domestic violence played a role in the relationship. California courts take all of these factors seriously, and a family lawyer can help you understand what to expect in your specific situation.

There are two types of spousal support:

• Temporary support: This lasts for the duration of the divorce to maintain the status quo. A contested divorce can take a year or longer to work its way through the court system. Each spouse must make full financial disclosures to help a judge determine whether to award alimony. The critical factors include the marital standard of living, as well as a spouse’s need or ability to pay.
• Long-term alimony: This is also called permanent alimony. Typically, a permanent order is part of a settlement agreement, which a judge folds into the final divorce decree, or a judge can set the terms of alimony in the judgment issued after a hearing. Long-term alimony is not always permanent. However, it seeks to help one spouse become self-sufficient while also recognizing their contributions to the marriage.

Negotiating Alimony as Part of a Divorce Settlement Agreement in Oceanside

Alimony is one of those issues a couple can negotiate as part of their divorce. There are many considerations, including the tax consequences. Previously, the paying party could write the alimony off their federal taxes, but the law has changed recently. Working with a family law attorney to draft agreements that reflect your unique circumstances can protect both parties involved and help avoid future disputes.

Not all couples can reach an agreement, so work with an attorney. Mediation can sometimes be helpful in resolving disagreements. Further, you should consider spousal support in combination with property division and community property when determining what you will need to support yourself moving forward. Separate property is also a factor, and understanding what belongs to each party before and after the divorce process can affect the overall spousal support picture.

As with child support, high-earning clients must be careful with alimony. The danger is that you end up paying a huge support payment each month with little relief in sight. The objective is to help your spouse become able to stand on their own two feet, not to provide a financial windfall. If you make more than your spouse, you should certainly hire your own spousal support lawyer in Oceanside.

How Long Will Spousal Support Last?

This is the most pressing question for men and women who are ordered to pay support. Here are the general outlines courts use in San Diego County.

Short-Term Marriages

California considers any marriage under 10 years to be short-term. If a judge finds alimony is warranted, then the general rule is that it lasts no longer than 50% of the duration of the marriage. Consequently, if a couple was married for 4 years, then the supported spouse will only receive alimony for 2 years at most. This isn’t a hard-and-fast rule, and judges have discretion to depart from it. But most people who receive alimony for a short marriage get it for this length of time.

Long-Term Marriages

A long-term marriage has lasted at least 10 years. In these cases, the court does not include a termination date in the support order, so it can potentially last for life. However, the party that is paying support can seek a modification or even termination in the future if circumstances warrant. A qualified lawyer can help you set realistic expectations about how long spousal support is likely to last based on your specific situation.

Spousal Support and Prenuptial Agreements

Many prenuptial agreements address each party’s obligations and rights regarding spousal support in the event of divorce. For example, one party could have waived any ability to request alimony in the prenuptial agreement, or else they agreed to a set amount. When legal separation or divorce becomes a reality, this party now wants to get out of the agreement.

Judges will enforce a valid prenup so long as it was not coerced or obtained as the result of fraud. Arguing the agreement is “unfair” is an uphill climb unless you were disabled in the interim. Always notify your legal team if you have a signed prenuptial agreement, even one drafted in a different state, because it can impact spousal support. If irreconcilable differences have brought your marriage to this point and a prenup is involved, our family law attorneys can review the agreement and explain your legal rights clearly.

What Factors Do Judges Consider?

San Diego judges base alimony calculations on various factors. There is no easy formula to use the way there is with child support. Instead, judges are guided by the needs of one party for support and the ability of the other to pay. The best interests of any children involved, as well as the impact on each party’s ability to meet their financial obligations, are also part of the picture in family law matters.

Section 4320 of the California Family Code lists certain factors for a judge to consider:

• The age and health of each spouse
• Each spouse’s marketable skills and work experience
• The marital standard of living
• The length of your marriage
• Whether one spouse contributed to the other’s education
• Domestic violence
• Tax consequences of alimony
• Physical custody arrangements and any parenting plan obligations that affect each party’s ability to work

When considering these factors, judges use their best judgment. Because this test is somewhat flexible, your choice of family lawyer matters considerably. Our alimony attorneys in Oceanside, CA, bring extensive knowledge of California law and court procedures to every spousal support case we handle. Backed by decades of combined family law experience, Griffith Young’s Certified Family Law Specialists can gather evidence and make a convincing argument to the judge on your behalf.

How to Modify or Terminate Support

Even permanent alimony ordered after the end of a long-term marriage can be modified. It is up to the paying party to show a valid reason supporting the modification. Some justifiable reasons include job loss, reduced hours, or disability. Anything that impacts your ability to pay, and which is out of your control. For example, quitting a job is usually not sufficient.

Similarly, you can argue that your ex is now self-supporting after obtaining education or work experience. Alimony is not a lifetime gift to your ex, even after a marriage of long duration. Once the justification for alimony disappears, you can ask a judge to modify the award. An Oceanside spousal support lawyer can help you build the legal strategy needed to convince a court that modification is warranted, given your financial circumstances.

You can also seek modification if your ex moves in with a new partner. The paying party needs to come forward with proof of the relationship. Some proof consists of witnesses and even photos of the two together. Sometimes a party receiving alimony needs more, possibly because of a disability that prevents them from working. If this is you, then you should begin documenting your circumstances as soon as possible.

Oceanside Spousal Support FAQs

Can I receive a portion of my military spouse’s retirement?

You might. But that’s a marital property issue, not alimony. Helpfully, Griffith Young can tackle all aspects of your divorce, including the division of property in military divorces. Reach out to our office to discuss your case.

Can I retire if I am paying alimony?

The state does not expect you to work until death just to support your ex. However, the court will certainly consider your age at retirement and other reasons. Generally, retiring at 65 or later is considered reasonable, and you can request a modification. In some professions, an earlier retirement age might be normal, such as manual labor or firefighting. But early retirement will receive judicial scrutiny, so work with an attorney if you are paying support and thinking about finally retiring.

What happens if my ex declines to pay spousal support?

Family law obligations are not optional. If a judge ordered your ex to pay alimony, then you should receive it. The burden is on the paying spouse to seek a modification due to job loss or disability. Contact Griffith Young. Our Oceanside spousal support lawyers can discuss what remedies are available. Typically, we will bring non-payment to the attention of the court that awarded alimony and seek relief. We might ask to garnish your ex’s wages or possibly hold them in contempt.

Will alimony terminate if my ex remarries?

Yes. If your ex moves in with someone, then the new relationship is grounds for seeking modification. But if your ex goes ahead and gets married, your spousal support automatically terminates.

Does domestic violence affect spousal support in California?

Yes. California law allows judges to consider domestic violence when deciding whether to award spousal support and how much. An abuser may be barred from receiving support, while a victim may receive more support than they otherwise would. If domestic violence was part of your marriage, tell your family law attorney right away so it can be documented properly for the family court. This is one of those family law matters where having personalized legal representation can make a real difference in the outcome of your case.

What is the difference between spousal support and legal separation in California?

Spousal support can be ordered during a legal separation just as it can during a divorce. A legal separation does not end the marriage, but California courts can still issue binding support orders that require one party to provide financial support to the other. If you are unsure whether to pursue legal separation or divorce in Oceanside, CA or anywhere in North San Diego County, speaking with a family attorney early in the process can help you make informed decisions about your family’s future.

Can I get spousal support if I was not married?

No. Spousal support under California law applies only to legally married couples and, in some cases, registered domestic partners. If you were in a long-term relationship but not legally married, you are generally not entitled to spousal support. However, child custody cases, child support, and property claims may still apply depending on your situation. A family lawyer can review your circumstances and explain what legal options are available to you.

Speak with an Experienced Spousal Support Lawyer in Oceanside, CA

Alimony has the potential to ease a lower-earning party into their life after divorce, but it can also unnecessarily burden a more financially successful party for years. Our alimony attorneys represent clients throughout Oceanside, CA, North County, San Diego, North County Regional Center, and the surrounding communities. We provide skilled legal representation with transparent communication so you always feel supported and informed throughout your family law case.

Contact us at 858-345-1720 for a free consultation to ensure you are being treated fairly when it comes to alimony. We can negotiate on your behalf or seek a favorable outcome in family court after a hearing. Our Oceanside family law team offers immediate assistance to those who need it, and all consultations are confidential. Call today and work closely with a family law attorney who will bring deep understanding and legal excellence to your spousal support case.