Spousal Support Attorney In Cardiff By the Sea, CA
Divorce and legal separation are hard enough. Dealing with spousal support without an experienced Cardiff by the Sea spousal support lawyer in your corner can have a significant impact on your financial well-being now and in the future. Spousal support is seldom straightforward when large assets are at stake or the income situation is complex.
About Neumann Family Law, A.P.C.
The lawyers at Neumann Family Law, A.P.C., provide incomparable knowledge and skills in managing complicated, high-net-worth divorce cases. With 27 years of experience in divorce litigation, Sara Neumann is a Super Lawyer.
Edward Castro has thirty-one years of experience as a Super Lawyer. Complex business and asset valuations, tracing problems, child and spousal support, and child custody and visitation issues are among the complex trials that the firm manages.
Practice areas also include prenuptial agreements, move-away cases, restraining orders, UCCJEA and UIFSA litigation, and stepparent adoptions. We work closely with clients to help mitigate the uncertainty they face in their family law matters. We will settle when we can, but we are ready to litigate when necessary.
Understanding Spousal Support in California
It is estimated that the divorce rate in California has been around 8.9% in recent years, which means that 89 out of every 1,000 married people are divorced. This is marginally less than the national average, which shows that 9.4% of men and 10.9% of women are divorced.
Navigating spousal support laws in California can feel like a balancing act between fairness and financial reality. From the length of the marriage to each spouse’s ability to earn and contributions, courts consider a range of factors before deciding on support awards.
California Family Code § 4320 requires the court to consider several factors in ordering spousal support, including the needs and paying ability of the parties and the lifestyle each has established during the marriage. Family Code § 4336 enables the San Diego Superior Court to maintain its jurisdiction without time limits in cases involving marriages that lasted 10 years or more.
If there is a spousal support dispute in Cardiff by the Sea, the hearings will be held at the San Diego Superior Court Central Courthouse, 1100 Union Street, San Diego, CA. Self-help for litigants in support and other family-law cases is available at the Court’s Family Law Facilitator’s Office, which is located on the fourth floor of the courthouse.
Challenges in Spousal Support Cases
Not all divorces are equal. Spousal support matters can be complex. Many involve executive compensation, stock options/bonus packages, real estate holdings, or interests in closely held businesses. These matters can be further complicated by extensive marital or separate property holdings.
If you have significant assets at stake, it is important to recognize that early mistakes in a case can create long-term financial consequences. Issues such as tracing separate property, valuing business interests, and identifying hidden/deferred compensation can be integral to building a strong spousal support claim or defense.
Issues such as high conflict and litigation tactics can be emotionally taxing as well. The right legal counsel can guide the case, create a disciplined legal strategy, and keep it on track while focusing on your short-term and long-term interests.
Why To Hire a Spousal Support Lawyer?
The earlier you hire a spousal support lawyer, the better off you will be. When you have the guidance and advocacy of a spousal support lawyer at your disposal, you have the clarity of strategy, experience in negotiating, and know-how with complex financial matters in the local family court system.
It is vital for your Cardiff by the Sea spousal support attorney to start working on your case immediately by collecting and keeping critical financial records and working together with necessary professionals to develop the case story from the beginning.
This is especially true in high-net-worth cases in which clients have had some critical financial information withheld or intentionally skewed by their spouse. Being counseled early on can also help you avoid being pressured into a temporary settlement that might be used against you in the future.
FAQs About Cardiff by The Sea, CA Spousal Support Laws
What Disqualifies You From Alimony in CA?
In California, there is a disqualification from alimony if the supported spouse remarries or enters a new registered domestic partnership (Family Code § 4337). In addition, a conviction of domestic violence committed against the supporting spouse, particularly certain serious felonies, can give rise to a legal bar or a strong presumption against an award of spousal support.
What Are the 3 C’s of Divorce?
There is a common term used by some professionals to discuss divorce. It is called the 3 C’s. C stands for Communication, Cooperation, and Compromise. The idea is that spouses should talk openly and honestly with each other, be willing to work together to the extent possible, and get good legal advice to make informed decisions. While these are not official legal terms, they are good rules of thumb to remember in a divorce.
What Is the Average Spousal Support Payment in California?
California does not have a set average spousal support amount because every case is decided based on unique facts. Judges consider income, earning capacity, duration of the marriage, and the standard of living. Temporary support is based on need and ability, while long-term support is determined based on several factors in Family Code § 4320 including but not limited to income, ability to earn, standard of living during the marriage, assets and obligations.
What Is the 10 Year Rule for Alimony in California?
California’s ten-year rule does not create a lifetime alimony entitlement. It is a reference to the court’s power to retain long-term jurisdiction over spousal support in long marriages. This allows the court to change or revisit support later if circumstances change. Judges still consider what is fair, based on the factors in Family Code § 4320 .
Contact Our Cardiff by The Sea Spousal Support Lawyer Today
If you are going through a divorce and have issues with spousal support, a lawyer at Neumann Family Law, A.P.C. can help you through the legal process and fight for a fair outcome for you. Contact us today to begin fighting for your future.
