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San Diego Spousal Support Attorney

Alimony and Spousal Support in San Diego

Both parties worry about spousal support during a divorce. The spouse who earns a lower income or does not work is worried about how they will be able to support themself once the divorce is final. The higher-earning spouse may feel frustrated at the idea of paying their ex a large sum of money each month.

Our San Diego divorce attorneys at Mattis Law, A.P.C., have experience helping clients obtain fair alimony payments. Our years of family law experience provides us with knowledge of how to best proceed with spousal support. Call our lawyers at (858) 328-4400 today and schedule a free consultation.

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Client Testimonial

"Amelia and her team did a professional job with my alimony reduction case."

- M.T. from Google

The Importance of Spousal Support

In California, the goal of spousal support, also known as alimony, is to help the supported spouse achieve a standard of living that is reasonably consistent with the marital lifestyle. The overarching objective is to ensure that both parties can maintain a similar economic position after divorce, particularly when there is a significant disparity in their incomes or earning capacities.

The goal is to provide support for the lesser-earning spouse without imposing an undue financial burden on the paying spouse, aiming for a fair and equitable resolution in light of the circumstances surrounding the divorce.

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Types of Spousal Support

In California, spousal support arrangements can be categorized into different types based on their purpose and duration. The three main types of spousal support are temporary support, rehabilitative support, and permanent support.

Temporary Spousal Support

Temporary support is designed to provide financial assistance to the lower-earning spouse during the divorce proceedings. It aims to maintain the status quo and ensure that both spouses have the financial means to cover their living expenses until a final spousal support order is determined.

The court may use a formula or guidelines to calculate temporary support, considering factors such as the respective incomes of the spouses, living expenses, and other relevant financial information. The goal is to address immediate financial needs during the divorce process.

Rehabilitative Spousal Support

Rehabilitative support is intended to assist the supported spouse in acquiring the education, training, or skills necessary to become self-supporting. It is granted with the expectation that the recipient spouse will eventually be able to support themselves financially.

The court considers factors such as the supported spouse’s marketable skills, job opportunities, the time needed for education or training, and the financial resources required for rehabilitation. The duration of rehabilitative support is often linked to the time it takes for the supported spouse to become self-sufficient.

Permanent Spousal Support

Permanent support may be awarded when the supported spouse is unable to achieve financial self-sufficiency, typically due to age, disability, or other factors. It is not necessarily “forever” but may extend for a long duration, especially in cases of lengthy marriages or where the supported spouse has limited earning capacity.

The court considers various factors, including the length of the marriage, the supported spouse’s needs, the paying spouse’s ability to pay, and other relevant circumstances. Permanent support is more likely in situations where the supported spouse cannot reasonably be expected to become self-supporting.

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What Factors Are Considered in Deciding Alimony?

California has no uniform rules to determine if and how much spousal support should be awarded. The length of time spousal support is given can also vary widely. Judges have a great deal of leeway in making a final alimony determination during a divorce. Factors the court may consider when deciding alimony include:

  • Marketable skills the supported spouse has, and the job market for that skill set.
  • The amount of time that has elapsed since the supported spouse last worked and the extent to which that period will impact the chances of the supported spouse finding work.
  • The extent to which the supported spouse helped pay for, or helped support, the higher-earning spouse’s career and education.
  • The paying spouse’s ability to pay alimony.
  • The supported spouse’s standard of living that was established during the marriage.
  • Both spouses’ obligations (debts) and assets, including separate property.
  • The length of the marriage.
  • The age and health of the spouses.

We will quickly file for temporary spousal support if you are in need of financial assistance. Temporary alimony is meant to help the supported spouse pay bills until the final divorce judgment. This short-term amount may be more, less, or equal to the “permanent” alimony amount (assuming there is a permanent award). Permanent alimony is rarely a lifelong payment plan, and we will construct an argument on your behalf to advocate for or against extended alimony.

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Who Can Qualify for Spousal Support?

When a couple divorces in San Diego, the court may order one spouse to pay the other a specified amount of money on a regular basis, but divorce is not the only factor that can lead to a spousal support agreement. A spouse, ex-spouse, or ex-domestic partner can ask the court for support in a case that involves:

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How Long Does Spousal Support Last?

If a marriage lasts for less than a decade, then spousal support will be required for no longer than half the length of the marriage. However, if a marriage lasts 10 years or more, it is considered a marriage of long duration. With long-duration marriages, a court may not decide on a concrete date for when the spousal support shall be terminated. This does not necessarily mean that a former spouse will receive lifetime support.

A person paying support is entitled to retire at 65 and can’t be forced to work beyond that age in order to continue to provide a former spouse with support. A person paying support who is forced to take early retirement may seek an order from the court requesting support payments to cease.

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Modification and Termination

Under California law, spousal support orders can be modified or terminated under certain circumstances. The requesting party must demonstrate a significant change in circumstances justifying the modification or termination. Some common circumstances and the process for seeking modifications or terminations:

  • Change in financial circumstances: If there is a substantial change in either the paying spouse’s ability to pay or the supported spouse’s financial needs, the court may consider modifying the spousal support order. Either party can file a request with the court for modification, providing evidence of the changed circumstances. The court will then review the request and make a determination based on the new information.
  • Termination due to cohabitation: Spousal support may be terminated if the supported spouse begins cohabitating with a new partner in a manner that substantially reduces the supported spouse’s financial needs. The paying spouse can file a request with the court, providing evidence of the cohabitation and its financial impact. The court will evaluate the evidence and decide whether termination is warranted.
  • Retirement or disability: If the paying spouse retires and experiences a significant decrease in income or becomes disabled, they may seek a modification or termination of spousal support. The retiring or disabled spouse can file a request with the court, presenting evidence of the changed circumstances. The court will assess whether the retirement or disability justifies a modification or termination.
  • Duration limits: Spousal support orders may terminate based on the terms specified in the original court order, such as a specific end date or conditions outlined in the judgment. The termination occurs automatically based on the predetermined conditions. No specific request to the court may be necessary if the termination is in accordance with the original order.
  • Death of either spouse: Spousal support automatically terminates upon the death of either the paying or supported spouse unless the court order specifies otherwise. No formal request is needed in the event of the death of either party.

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How Confidentiality Agreements Affect Spousal Support

Confidentiality agreements in spousal support cases can impact the disclosure of financial information. While the details of spousal support negotiations are typically private, the terms and amounts agreed upon may become part of the public record during divorce proceedings.

A well-drafted confidentiality agreement can restrict the dissemination of financial details, preserving the privacy of the involved parties. However, such agreements must comply with legal standards to ensure enforceability. Parties should consult with legal professionals to create agreements that balance the need for privacy with legal requirements, particularly in matters of financial disclosure and spousal support arrangements.

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Importance of Legal Representation

An experienced San Diego divorce lawyer can be crucial during spousal support negotiations for several reasons. They provide objective advice, skilled negotiation, document preparation, knowledge of court procedures, consideration of future needs, experience with complex cases, and guidance through alternative dispute resolution processes.

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Modifying Alimony Payments

Many people do not realize that alimony in California is often modifiable or can be terminated. The amount of spousal support set by the court can be altered if the circumstances of your case change. For example, if you are laid off from your job and your income is reduced, then you may be entitled to a reduction in the amount of support you are paying. Likewise, if your ex-spouse becomes employed or obtains other means of support, then a judge may terminate their spousal support.

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Choose a San Diego Spousal Support Lawyer at Mattis Law, A.P. C.

At Mattis Law, A.P. C., our San Diego legal team has successfully pursued and fought against alimony and spousal support modifications on behalf of our clients. In addition to San Diego, we serve the communities of Del Mar, Carlsbad, Encinitas, and La Jolla.

Reach out to us at (858) 328-4400 today for a free consultation.

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Additional Information

(858) 328-4400