Carlsbad Spousal Support Lawyer
Skilled & Experienced Legal Counsel for San Diego County Divorce Cases
After a divorce, one spouse may be financially responsible for the other on a temporary or permanent basis. These payments are known as spousal support, or alimony. Spousal support is one of the most contentious issues a former couple must work out with one another. In some cases, mediation can address the terms and conditions of the support payment; in others, litigation is required. Whether you need careful guidance through the mediation process or aggressive advocacy in court, Beringer Law Firm has the skills and experience to serve as your counsel.
Contact our Carlsbad alimony lawyers to schedule a consultation. We serve all of San Diego County.
How Long Is Spousal Support Payable?
Spousal support in California is based on the length of the marriage and specific payment factors. If the marriage was shorter than 10 years, a spouse is generally responsible for alimony payments for half of the length of the marriage. In marriages longer than 10 years, a termination date can be set by the couple or the court, or support can be ordered with no specific end date. Lump-sum alimony payments are also possible.
Factors That Affect Alimony in California
Spousal support is not punishment for one spouse to pay to another. As California is a no-fault divorce state, alimony is paid out in order to maintain the financial status quo. The spouse receiving the support should become self-sufficient over time.
When calculating alimony, the court takes into account:
- Need for education and training
- Marketable skills
- Job market
- Previous unemployment related to the marriage
- Assets and property
- Length of the marriage
- Ability to pay spousal support
- Tax consequences
Should anything change that would affect the amount of spousal support one person receives, a modification can be submitted to alter the overall amount. Our alimony lawyers have the knowledge and experience to effectively present evidence to the court to obtain a fair and equitable arrangement.
How Long Do You Have to Be Married in California to Get Alimony?
Marriages in California that should last ten years or more may be entitled to alimony payments, but that may also change if different circumstances arise. Regardless, judges may decide that some marriages qualify as lengthy, even if they lasted less than ten years, depending on the circumstances.
For example, an eight-year marriage will last approximately four years. What about short marriages, such as those that last less than a year?
While some alimony cases may be dropped, it's not uncommon for a judge to award temporary spousal support until they get back financially.
When Can A Spouse Sue For Alimony in California?
Alimony or as California uses the term, spousal support is designed to help both spouses maintain the standard of living they had during their marriage. If, for example, you stopped working to take care of the children or home, and your career was affected as a result, you may be able to sue for spousal support.
You may also be entitled to spousal support if you helped your spouse get an education, training, career, or professional license; if you suffered domestic violence during the marriage, or if having a job would make it too hard for you to take care of your children.
The court considers many factors when calculating spousal support is a difficult legal issue. You can sue for spousal support as part of a divorce, legal separation, annulment, or domestic violence restraining order. No matter what legal proceeding you file for spousal support under, the state of California recommends seeing a lawyer to help you understand, calculate, and file.
Can a Man Get Alimony in California?
The short answer is yes, however there are certain gender stereotypes that still exist when men ask for alimony. It is estimated that only three-percent of men who ask for support actually receive it. This is where you need a strong and knowledgeable lawyer by your side to defend what is rightfully yours. Beringer Law is trial-tested and has fought for these rights for decades.
Contact Beringer Law Today
If you are seeking spousal support or believe you are not paying a fair amount, consult with a knowledgeable attorney. Our firm has helped countless clients in San Diego Countyand the surrounding area address their alimony issues and provide fierce advocacy before the court. With a Certified Family Law Specialist on your side, you can feel confident that your best interests are upheld.