Spousal Support Attorney In Rancho Santa Fe, CA
One of the most concerning topics for spouses during a divorce is spousal support, also called alimony. Depending on how long a couple was married, life after divorce can be incredibly jarring. Couples often make major decisions during marriage based on the financial lifestyle they lead and the responsibilities of each spouse. During a divorce, it’s important to work with a Rancho Santa Fe spousal support lawyer to help you achieve the most favorable outcome possible.
Why Choose Us?
At Neumann Family Law, A.P.C., our four attorneys have over three decades of combined legal experience in various facets of family law. Operating throughout Southern California, we have extensive experience in the complexities of state and federal law.
Family law has high stakes, and it can affect the future of the entire family. We know how serious it can be, and we fight to preserve your rights throughout your case.
Rancho Santa Fe Spousal Support Laws
Spousal support is money that one spouse may be required to pay to the other after a divorce. The main reason spousal support is granted is to allow the spouse with a lower income to maintain their standard of living during and after divorce. This can happen when one spouse is financially dependent on the other during the marriage.
As of 2023, 7-12% of San Diego County residents were divorced. The responsibilities of each spouse go beyond finances. If you played a role in your relationship but weren’t able to contribute as much financially, spousal support may be a viable option. Common reasons someone might receive spousal support include:
- They sacrificed their own career or education to support the family.
- They need help transitioning to financial independence after marriage. The court aims for the supported spouse to become financially independent within a reasonable time.
- There is a significant difference in income or lifestyle between the spouses.
- They have health issues or disabilities that limit their ability to work.
How California Courts Decide Spousal Support
The court looks at various factors to determine spousal support, such as:
- The length of the marriage
- Each spouse’s financial situation
- Each spouse’s age and health
- The contributions made by each person during the marriage
- Any history of domestic violence and how that affects both parties emotionally and financially
- Tax consequences and the hardships each spouse faces
Gender is not considered in an award of spousal support, it is based on who is the higher or lower earning spouse.
It’s important to hire a spousal support lawyer in Rancho Santa Fe to help represent your interests during your case. For those fighting a spousal support request, a lawyer can help gather evidence to support your case as well. These cases are typically overseen at the North County Regional Center, located at 325 South Melrose Drive in Vista.
How Long Spousal Support Lasts in Rancho Santa Fe
The amount and length of support depend on many factors. For longer-term marriages, support often lasts half the length of the marriage. However, support can last much longer, even indefinitely, if needed.
If you want long-term support, you can negotiate with your spouse or ask a judge to make a decision in court. If you come to an agreement with your spouse, your agreement can be part of your final divorce orders. If you can’t agree, the judge will decide after a trial, though you can try to settle before that point.
Hire a Spousal Support Lawyer
The attorneys at Neumann Family Law, A.P.C., have committed their lives to advocating for the legal rights of California residents. You are not just a case number to us; you’re a real person with unique needs and feelings. We offer transparent legal guidance to help our clients make informed decisions about their futures.
FAQs About Rancho Santa Fe, CA Spousal Support Laws
Under What Circumstances Can a California Court Deny or Reduce Spousal Support?
The court may deny spousal support if the spouse who requested it has enough separate property or income to support themselves. They may also deny it if the couple’s children are in the custody of the other spouse. If the supported spouse lives with a new partner, the court presumes that their need for support decreases. This presumption can be challenged, however, and a lawyer can help gather evidence to fight it.
What Are the Types of Spousal Support in California?
There are two main types of spousal support in California. Temporary spousal support is money that one spouse may be ordered to pay while their divorce case is still ongoing. It helps the spouse who needs assistance to cover living expenses before the court makes a final decision. You can ask for this as soon as you file your case. Payments usually last only until the divorce or separation is finalized. Long-term spousal support is decided at the end of the case.
Can a Spouse Convicted of Domestic Violence Get Spousal Support in California?
Spouses convicted of a misdemeanor domestic violence offense against the other spouse within the five years before a divorce, or during divorce proceedings, can’t get spousal support from the injured spouse in California. In some cases, the injured spouse may request an earlier legal separation date tied to the domestic violence incident. The court can also award up to 100% of the other spouse’s retirement and pension community property interest to them, depending on the circumstances.
What Happens if the Paying Spouse Dies?
California Family Code § 4360 outlines a method to protect the supported spouse if the paying spouse passes away. Spousal Support generally terminates upon the death of the paying spouse. Pursuant to California Family Code § 4360 the court can ensure that while a spousal support order is in effect, the paying spouse purchases an annuity or life insurance payable to the supported spouse in the event the paying spouse passes.
Contact a Trusted Rancho Santa Fe Family Law Firm
The attorneys at Neumann Family Law, A.P.C., understand how important spousal support is. We know what’s at stake, and we have years of experience working on similar cases. Our team works to protect the rights of both paying and supported spouses. Contact us today to learn how we can help you during this difficult time.
*CFLS = Certified Family Law Specialist by the State Bar of California Board of Legal Specialization
