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 spouse makes to their ex, either during divorce or after the marriage is dissolved. Also called alimony, support is a critical lifeline for many Oceanside residents. Our 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.

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. 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 spouse to be self-supporting, but one spouse might need some help while they get an education or more work experience.

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

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 spouse could write the alimony off their federal taxes, but the law has changed recently.

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 the division of community property when determining what you will need to support yourself moving forward.

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 spouse who is paying support can seek a modification or even termination in the future if circumstances warrant.

Spousal Support and Prenuptial Agreements

Many prenuptial agreements address each spouse’s obligations and rights regarding spousal support in the event of divorce. For example, the spouse with fewer assets could have waived any ability to request alimony in the prenuptial agreement, or else they agreed to a set amount. When separation and divorce become a reality, this spouse 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.

What Factors Do Judges Consider?

San Diego judges base alimony calculations on various factors. There is no easy formula to use (like there is with child support). Instead, judges are guided by the needs of one spouse for support and the ability of the other to pay.

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.

When considering these factors, judges use their best judgment. Because this test is somewhat flexible, your choice of lawyer matters considerably. 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 spouse to show a valid reason supporting 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 your ex is now self-supporting after obtaining education and/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.

You can also seek modification if your ex moves in with a new partner. The paying spouse needs to come forward with proof of the relationship, however. Some proof consists of witnesses and even photos of the two together.

Sometimes a spouse receiving alimony needs more, possibly because of disability that prevents them from working. If this is you, then you should begin documenting your circumstances as soon as possible. You have the burden of showing why an increase is warranted.

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 firefighters. 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.

Speak with an Experienced Spousal Support Lawyer in Oceanside

Alimony has the potential to ease a lower-earning spouse into their life after divorce, but it can also unnecessarily burden a more financially successful spouse for years. Contact us at 858-345-1720 to ensure you are being treated fairly when it comes to alimony. We can negotiate on your behalf or seek a favorable resolution in court after a hearing. Our consultations are confidential.