Is Your Divorce Subject To An Order For Spousal Support?
Transitioning from married life to single life may be a difficult process that becomes even more stressful if you have concerns about your financial future. If you are going through a divorce, it is critical to work with a knowledgeable family law attorney who can advocate for your rights at every step of the way. At the Law Office of David P. Schwarz, our spousal support lawyers can develop a legal strategy that is tailored to your personal needs and objectives.
Understanding The Spousal Support Process
Spousal support, often known as alimony, refers to payments made from one spouse to the other under a separation or divorce order. In California, a family court has the power to order either spouse to pay support to the other. The purpose of spousal support is to allow an economically disadvantaged spouse to maintain the lifestyle to which they were accustomed during the marriage. As a result, the higher-earning spouse is typically the spouse who will be ordered to pay support. State law allows spousal support orders to take effect as far back as the filing of the divorce or legal separation petition.
Unlike with child support, there is no fixed formula to decide the total amount of spousal support that an individual may be entitled to receive. Upon separation, and before a final spousal support determination is made, the court may award temporary spousal support to one spouse. Temporary spousal support is typically paid directly from one spouse to the other, and this obligation ends when the final spousal support order is entered. This type of support is set at the initial hearing.
Permanent spousal support is support that is paid for an indefinite period of time, although the amount may be modified if the payer or recipient experiences a substantial change in circumstances. In determining permanent spousal support, the court will examine a number of factors, such as the length of the marriage, the marital standard of living, tax issues, each party’s needs, each party’s education level and earning potential, each party’s age and health, and each party’s contribution to the marriage.
Usually, spousal support obligations last for no more than half of the length of the marriage if the marriage lasted less than 10 years. If the marriage was 10 years or longer, courts will not set a specific time limit for spousal support. Instead, the higher-earning spouse will have the burden of showing that spousal support is no longer needed. It is rare for a court to award lifetime spousal support because the goal is to support the lesser-earning spouse until they find a way to support themselves.
Protect Your Interests By Consulting A Spousal Support Lawyer In Orange County
If you want to secure a fair spousal support arrangement, you should seek the assistance of a divorce lawyer who is experienced in these matters. At the Law Office of David P. Schwarz, our Orange County spousal support attorneys have over 20 years of experience helping Southern California residents resolve these issues, and we can help you as well. To set up a consultation, call the Law Office of David P. Schwarz at 949-296-4119 or contact us online.