San Diego Spousal Support Lawyers

Divorce can have a devastating financial impact on a spouse, causing a substantial drop in the standard of living. In California, either spouse can request spousal support payments when seeking divorce or legal separation. This is a complicated area of family law, so you would benefit from hiring an experienced San Diego spousal support lawyer.

The attorneys at Griffith Young can review whether you can request spousal support or whether a judge is likely to force you to pay spousal support. Our Certified Family Law Specialists understand this area of law better than most spousal support attorneys, and we can provide the most cutting-edge advice. The laws regarding spousal support often change, including which spouse is required to pay taxes on the support.

Contact us today to schedule your consultation with our trusted San Diego spousal support attorneys and get answers to your questions.

Negotiating Spousal Support

As with most aspects of divorce, a couple can negotiate their spousal support. The purpose of support is to help a lower-earning spouse get back on their feet following divorce, while at the same time recognizing their contributions to the marriage. A couple may include a spousal support order in their divorce settlement.

However, many divorcing couples cannot agree, so the issue ends up in front of a judge. Anyone seeking spousal support should hire an attorney who can make a compelling argument to the court. California has several laws on alimony, but judges are empowered to exercise discretion. In San Diego family court, having strong legal representation and a clear understanding of the legal process from the start can make a real difference in your case.

You benefit from working with one of our family law attorneys who has practiced in San Diego for years.

Types of Spousal Support in California

There are two types of spousal support in San Diego, also called “alimony”:

• Temporary spousal support. Temporary support provides financial support to a lower-earning spouse during the pendency of the divorce. It is also called “pendente lite” alimony. When filing for divorce, a spouse requests spousal support payments, and the judge will award them only if there is a legitimate need. The objective is typically to maintain the status quo for the duration of the divorce.
• Permanent spousal support. Permanent spousal support is either included in a marital settlement agreement or the final judgment after trial. Despite the name, “permanent” spousal support might not be permanent. The supported party will likely receive less than they did for temporary spousal support, typically because they now have community property to help support them. Nonetheless, because permanent support can last for years, the paying spouse might ultimately end up paying a considerable sum to their ex.

How Alimony Works with Long-Term Marriage

A marriage that lasts more than 10 years is presumed to be one of “long duration.” This fact matters when it comes to spousal support. The San Diego family court will retain jurisdiction permanently over marriages of long duration, which means the paying spouse might end up paying alimony indefinitely.

Of course, the spouse making payments can seek to modify or even terminate alimony, depending on the circumstances. A spouse who is financially dependent on support should not assume they will automatically receive spousal support for life, regardless of how long they were married. For example, if a supported party remarries, then support payments are terminated.

Alimony and Short-Term Marriages

If a marriage lasts less than 10 years, it is a short-term marriage, which will impact the duration of spousal support. Typically, the maximum duration a judge will order is half the length of the marriage. If you were married for 8 years, then the maximum duration of alimony is usually 4 years. Some exceptions might apply.

Critically, our clients should remember they do not have a “right” to alimony for half the length of time they were married. A judge might order alimony for a shorter duration, or not order it at all. Judges do not presume anyone should receive spousal support, especially those in a short-term marriage. Instead, the burden is on the person requesting alimony to convince a judge that support is necessary.

Contact Griffith Young if you hope to qualify for alimony, regardless of the duration of your marriage.

How Long Does Spousal Support Last?

With a short-term marriage, the judge will include a termination date, which is usually half the length of the marriage, or less. So if you were married for 7 years, a judge who awards alimony might provide that it terminates in 3.5 years. Even with short-term marriages, however, a judge might depart from the 50% rule.

Judges have discretion in specific circumstances. With long-term marriages, however, the court does not provide a termination date. Instead, the paying spouse will need to seek a reduction or termination in the future. The court retains jurisdiction, so the court may modify the spousal support order.

Determining the Amount of Spousal Support

How Is Spousal Support Calculated in California?

If a judge finds that permanent spousal support is warranted, the court then needs to determine the proper amount. California Family Code § 4320 provides a list of factors a judge must consider. No one factor controls the analysis; instead, a judge should consider all of them. Understanding how spousal support is calculated can help you prepare for court proceedings.

Some of the factors include:

• Whether each spouse can maintain the marital standard of living;
• The marketable skills of the supported spouse, including the job market and earning capacity;
• Whether the supported party helped their spouse get an education or establish a career;
• Duration of the marriage;
• Each spouse’s age and health;
• Any history of domestic violence;
• Tax consequences;
• Balance of hardships;
• Any other equitable factors.

A judge has discretion in how much to award and the duration. The focus is on getting the supported party to become self-supporting within a reasonable period of time. For example, a wife might have supported her husband’s career while at the same time raising young children.

At divorce, she has few marketable skills and needs time to gain work experience or an educational credential (or both). This wife has a strong argument to request alimony, provided her ex can pay it. In other cases, a spouse might be elderly and infirm. At this point, there is little chance of becoming self-sufficient, so a judge will likely award spousal support to maintain financial stability for that spouse.

Your Choice of Lawyer Matters

Because judges have discretion and are juggling so many factors, there are few “black and white” rules when it comes to alimony. One misconception is that you are “entitled” to alimony if you were married for 10 years. That’s simply not true. You still need to convince a judge that alimony is warranted.

A strong legal strategy can be the difference between a fair outcome and one that leaves you financially vulnerable. San Diego alimony attorneys at our law office know how to present spousal support cases clearly to the court. By working with one of our experienced San Diego spousal support lawyers, you can be confident in obtaining the best possible outcome for your case.

Enforcing Alimony: Is Your Ex Refusing to Pay?

Obtaining a spousal support order is not the same thing as getting paid. Many clients struggle to get their ex to make regular alimony payments. You might swing by your ex’s residence and see new vehicles and even an addition to their home, but no alimony payment in your mailbox.

At this point, you probably need to bring enforcement action. Griffith Young can help. The supported spouse can file an enforcement action in court and seek relief. When a spouse fails to pay support as required by support orders, the judge might even hold your ex in contempt for an intentional failure to comply. Our San Diego alimony lawyers know how to push the court to enforce these support orders. San Diego courts take these violations seriously, and you have options.

Modifying or Terminating Alimony in San Diego

A person can request to modify spousal support for significant changes that have happened after divorce. For example, the paying spouse could become unemployed or disabled, or suffer a drop in income. A new romantic partner moving in with the receiving spouse is another reason the court may reduce support orders.

Similarly, the spouse receiving alimony could request an increase due to a significant shift in their financial situation. In both situations, the change should be largely beyond your control. Work closely with your attorney. A person cannot simply cut off payment; instead, you need a judicial order modifying the spousal support order. The legal system requires that all changes go through the court, not just an informal agreement between spouses.

Supporting documentation is key. Even if you think your ex has started a new romance, you must come forward with evidence. Griffith Young has sought modification for many clients, and we can leverage our knowledge of the law to our clients’ benefit.

San Diego Spousal Support FAQs

Will I have to pay alimony forever?

Not necessarily. In a short-term marriage, a judge will likely include a termination date. And you can seek termination or reduction based on changed circumstances. For example, if your ex has moved in with a new partner, you have a strong argument to reduce or end the amount you owe. Talk to an attorney about your options.

Who pays taxes on alimony?

It depends on when an alimony order was entered. If before 2019, then the receiving spouse will pay taxes on alimony as taxable income, and the paying spouse can deduct them as a tax-deductible expense. However, recent changes to the tax code changed these rules for orders after 2019. Now, alimony is not considered income for the spouse who receives it, and the paying spouse cannot deduct the payments. This change can have enormous financial consequences, so contact an attorney quickly.

Will a prenuptial agreement impact alimony?

Yes. You could have waived alimony in your prenup or agreed to a set amount. Please mention any prenuptial agreement to your attorney, since it can play a major role in determining spousal support.

Can spousal support be changed after it is set?

Yes. You can modify spousal support if there has been a significant change in circumstances. This might include a job loss, a major change in income, or the supported spouse moving in with a new partner. You will need to go back to court and show evidence of that change. A judge will then decide whether to adjust or end support. Do not stop making monthly payments on your own without a court order. The court expects both parties to follow support orders until a judge officially changes them.

What is the difference between spousal support and child support?

Spousal support is financial assistance paid to a former spouse after a divorce. Child support is money paid to cover the needs of minor children. The two are separate and calculated differently under California law. San Diego alimony attorneys and family law attorneys handle both, but the rules for each are distinct. Having a San Diego spousal support attorney who understands both can help you get a fair outcome in your overall case.

Does it matter who files for divorce first in a California spousal support case?

In most spousal support cases in San Diego County, the filing order does not directly affect whether support is awarded or the amount. What matters more is each spouse’s financial circumstances, the length of the marriage, and the other factors in California Family Code § 4320. Understanding the divorce process early can help you plan better. Talk to a San Diego spousal support attorney about your unique circumstances.

What happens if I cannot afford to pay spousal support?

If your situation has changed and you can no longer make alimony payments, go back to court and request a modification. Do not simply stop paying. A California divorce order is still binding, even in an uncontested divorce. Failing to comply with a spousal support order can result in contempt of court, wage garnishment, and other serious consequences. Get legal help right away.

Is Spousal Support the Same as Alimony?

Spousal support and alimony are terms you will hear throughout this process, though California courts use “spousal support” as the official term. In some states, “spousal maintenance” is used instead, but the concept is the same. Regardless of the term, both refer to alimony payments made from one spouse to another following a divorce. Whether you are dealing with temporary or permanent alimony, support orders in San Diego follow California Family Code rules.

How do I achieve financial independence after divorce?

The court’s goal in awarding spousal support is to give you time to become self-supporting. Support is not meant to last forever. During divorce proceedings, a judge may order support for a set period to let you build skills, finish school, or increase your earning potential. A San Diego spousal support attorney can help you understand what support you may qualify for. Family law matters like this require careful planning for long-term financial independence.

Call Our Experienced San Diego Spousal Support Attorneys Today

Divorce upends many people’s finances, but spousal support can provide a safety net to help a spouse get back on their feet. At the same time, the flexibility in the law means that a higher-earning spouse must guard against paying alimony for too long.

Contact Griffith Young today by calling 858-345-1720. Our legal team will advocate for your rights, and we can explain more in a private consultation.