Aliso Viejo Spousal Support Lawyer

Aliso Viejo Spousal Support Attorney

Spousal support laws in California are complex and something you should not try to navigate on your own. If you are facing potential alimony payments or looking for guidance on how to spousal support, an Aliso Viejo spousal support lawyer can help you explore your options.

Hire a Spousal Support Lawyer

At Cianci Law, PC, our team of experienced spousal support lawyers is committed to providing personalized counsel tailored to your specific circumstances. Managing attorney Melissa Cianci is a Certified Family Law Specialist by the State Bar of California – Board of Legal Specialization, indicating her substantial experience in family law.

Spousal Support in California

There were over 90,000 divorces recorded in California in 2024, and 9,342 divorces in Orange County. There are many instances where marriages or domestic partnerships end, and neither party is required to pay support. Spousal support, or alimony, is a court-ordered payment from one spouse or domestic partner to the other.

These funds are intended to help cover monthly expenses to maintain the standard of living that was established during the marriage or domestic partnership.

The Types of Support

In California, there are two types of spousal support: temporary and long-term. Temporary spousal support provides a court-ordered monthly payment while a family law case is ongoing. A spouse can request support as soon as a family law case is filed with the court. Once a divorce has been finalized, spousal or domestic support payments may be ordered as well.

In Orange County, an individual can begin a family law case by filing a petition with the Clerk’s Office in the Orange County Superior Court. The Superior Court is located at the Lamoreaux Justice Center, 341 The City Drive South, Orange, CA 92868-3205.

How Is Support Ordered and How Long Will It Last?

Support will typically be ordered by the court when one partner earns significantly more than the other. Couples can agree on the type of support order they want, or, if they cannot come to an agreement, a judge will decide. Three types of spousal support can be ordered by the judge: 

1. An amount of support to be paid from one spouse to the other.
2. Reserve jurisdiction over spousal support – the court is not currently ordering that support be paid, but in the future, that could change.
3. Terminate or end the support.

In most cases, the length of the marriage affects the duration of support payments. Support is intended to last long enough for the spouse to become self-sufficient. In a marriage lasting 10 years or less, the judge will generally order support for half the length of the marriage. For marriages lasting longer than 10 years, there is no legal presumption of what is reasonable or sufficient, and payments might last for many years.

There are certain situations in which support payments will end, including the death of either party, the supported spouse remarries, or the couple agrees in writing on an end date, and the court approves. The couple can agree about spousal support or ask a judge to decide. The judge may use a set of factors listed in the Family Code § 4320 to determine the type and length of support. The judge will consider:

• The length of the marriage
• The income of each spouse
• Your health and age
• Your earning capacity
• Your standard of living while married
• The amount of debt and property you have
• Did one partner help the other get training, an education, a career, or a professional license during the marriage
• History of abuse during the marriage, if any
• Impact of tax laws on spousal support
• If there are children in the marriage, how caring for the children impact either spouse’s career, or how working would impact the children

FAQs

What Disqualifies You From Spousal Support in California?

In Aliso Viejo, California, you are not automatically awarded spousal support if you are the lower-earning spouse, and certain factors can disqualify you from receiving support. Spousal support is court-ordered support intended to help the lower-earning spouse maintain their standard of living and become self-supporting.

If you remarry, California law requires the termination of spousal support. Spousal support will also terminate upon the death of either party.

What Is the Average Spousal Support Payment in California?

The circumstances of each divorce are unique, and spousal support payments in California vary based on the elements of each alimony case. A judge may decide to use a general formula to determine spousal support. This formula subtracts half of the lower-earning spouse’s monthly income from forty percent of the greater-earning spouse’s monthly income. The result is the suggested amount to be paid to the lower-earning spouse.

How Can You Avoid Paying Spousal Support?

You may be able to avoid paying spousal support through a prenuptial or postnuptial agreement. These agreements must comply with California law and be drafted with care and precision to be enforceable. Both parties are required to disclose their assets and must typically be represented by independent counsel to ensure the agreement is fair and legally binding.

Another approach is to demonstrate that the other spouse is self-sufficient and can provide for themselves, negating the need for support.

What Is the 10 Year Rule in California?

The 10-year rule in California commonly refers to how the length of the marriage impacts the duration of alimony payments. The judge will assess several factors when determining spousal support, including the length of the marriage. If a marriage lasted 10 years or less, the court will typically order alimony payments for half the length of the marriage. In cases where the couple was married for over 10 years, the duration of alimony will vary.

Contact an Aliso Viejo Spousal Support Lawyer – Creative Family Solutions

Understanding Aliso Viejo spousal support laws can be overwhelming; that’s why you want an experienced attorney advocating for your rights and providing individualized counsel. At Cianci Law, PC, we understand the emotional impact spousal support cases can evoke, and we work to protect your financial interests. Please contact the office to speak with our legal team and learn how we can help.

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