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 support payments when seeking divorce or legal separation. This is a complicated area of 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 make payments. Our Certified Family Law Specialists understand this area of law better than most 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 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 support obligation 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.

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 helps one spouse financially during the pendency of the divorce. It is also called “pendente lite” alimony. When filing for divorce, one spouse requests support, and the judge will award it 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 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 recipient spouse will likely receive less than they did for temporary 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 divorce court will retain jurisdiction permanently over marriages of long duration, which means the paying spouse might end up paying alimony indefinitely.

Of course, the paying spouse can seek to modify or even terminate alimony, depending on the circumstances. A supported spouse should not assume they will automatically receive alimony for life, regardless of how long they were married. For example, if the supported spouse 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 of the duration 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 this length of time. A judge might order alimony for a shorter duration, or not order it at all. Judges do not presume anyone should receive alimony, 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 receive 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 duration 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

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.

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 spouse to become self-supporting within a reasonable amount 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.

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.

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. We have represented men and women seeking a support order, as well as those who do not want to support their ex.

Enforcing Alimony: Is Your Ex Refusing to Pay?

Obtaining an order for support is not the same thing as getting paid. Many clients struggle to get their ex to make a regular alimony payment. 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. The judge might even hold your ex in contempt for an intentional failure to pay support as required by the court order.

Modifying or Terminating Alimony in San Diego

A person can request a modification of alimony for significant changes that have happened after divorce. For example, the paying spouse could become unemployed or disabled, or suffer a drop in income. The supported spouse might even move in with a new romantic partner, in which case, there is a presumed need for a reduction in support.

Similarly, the spouse receiving alimony could request an increase due to a significant change. 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 spousal support.

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, then you have a strong argument that a judge should modify the support you pay.

Who pays taxes on alimony?

It depends on when an alimony order was entered. If before 2019, then the recipient spouse will pay taxes on alimony, and the paying spouse can deduct them. 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.

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. Our legal team will advocate for your rights, and we can explain more in a private consultation.