California Alimony / Spousal Support
San Diego Law firm is committed to protecting your financial well-being in every aspect of the divorce process, which may involve spousal support (also called "alimony" in some states).
Whether or not to award spousal support is in the judge's discretion and depends on many factors. It is important that before the judge decides whether or not to order spousal support, the judge have the facts necessary to make a fair decision. San Diego Law Firm's experienced attorneys work to ensure that the facts and issues that are in your best interest are taken into account.
Types of Spousal Support
While the divorce is pending, a party may apply for temporary spousal support. This temporary order is designed to maintain the lower income spouse in as close a standard of living as possible to that enjoyed during the marriage, and to be able to pay living expenses.
It is also possible for a court to order permanent spousal support. Here, the judge considers many factors to determine whether to order support, and if so, the amount and period of time for support. A judge must consider:
- To what degree each spouse's earning capacity can maintain the standard of living established during the marriage
- The lower-income spouse's contribution to the other spouse's attaining an education or career
- The higher-income spouse's ability to pay spousal support
- The needs of each party, based on the standard of living established during the marriage
- The obligations and assets, including the separate property, of each party
- The duration of the marriage
- If the lower-income spouse can reasonably be expected to return to work
- The age and health of the parties
- Documented evidence of any history of domestic violence between the parties
- The tax consequences to each party
- The balance of the hardships to each party
- The goal that the lower income spouse be self-supporting within a reasonable period of time. Generally, this period is one-half the length of the marriage unless it is a marriage of long duration (usually a marriage of 10 years or more). Even so, it is in the judge's discretion to order support for more or less time.
- The criminal conviction of an abusive spouse will be considered in making a reduction or elimination of a spousal support award.
- Any other factors the court deems just and equitable.
There is a great deal to consider with each of these factors. For instance, "ability to pay" includes considering more than employment salary, as it may also include investments, other assets, the future exercise of stock options, and so on. San Diego Law Firm is here to safeguard your financial well-being by evaluating and advocating for the legal options that will be most helpful to you, in light of what the law allows.
If permanent spousal support is ordered, it may be possible to later modify the amount or duration of the support, or to terminate the order.
Reaching Agreement Outside of Court
The Marital Settlement Agreement (MSA) is a legal document between the parties settling rights, claims, and liabilities that arise out of the parties' marriage, as well as many other important issues.
Under current California law, this agreement may include provisions regarding spousal support, and is subject to approval by the judge.
An important consideration in an MSA is how to best structure spousal support payments. There are many options, including a lump sum payment, fixed monthly payments, or payments that are tied to a percentage or contingencies. San Diego Law Firm's attorneys will help you weigh these options in light of what is best for your situation, given the tax consequences.
Related Legal Services
Our clients are also able to draw on our firm's expertise in business law, real estate, and wills and trusts, and its partners' experience in managing an independent real estate brokerage firm, to have all their divorce-related legal needs handled efficiently and in confidence within the same firm. For further information, please see our related websites:
How to Contact San Diego Law Firm
We handle matters throughout California, and new clients are always welcome. For more information or to make an appointment, please contact us either by:
Telephone: (619) 794-0243
E-mail: contactus@SanDiegoLawFirm.com
We can be reached by telephone Monday through Friday, 9:00 a.m. to 5:00 p.m. You may also use the
form below to contact us. This form is answered Monday through Friday during
the work day. Please remember that for us to become your attorneys, we must first have a written attorney-client agreement signed by both of us, so please do not email any confidential information at this point. After we have reached an agreement with you, we can then exchange information freely. We look forward to helping you.
