Costa Mesa Spousal Support Lawyer

Costa Mesa Spousal Support Attorney

Family law cases can be legally complex and emotionally taxing. One of the most sensitive areas under the family law umbrella is spousal support. A Costa Mesa spousal support lawyer can represent their client’s financial rights, helping ensure that any agreement is lawful and fair.

Why Hire a Spousal Support Lawyer?

The legal team at Cianci Law, PC, is passionate about helping people navigate their family law issues. Spousal support lawyers work to ensure all parties understand their rights and responsibilities. Each alimony case is unique, and our attorneys work diligently to provide personalized counsel.

Managing attorney Melissa Cianci practices exclusively in family law and is a Certified Family Law Specialist (CFLS). The California State Bar provides this certification to recognize attorneys as specialists in family law who have completed rigorous requirements. The certification requires ongoing legal education, meaning that a CFLS has a current understanding of family law topics.

Costa Mesa Spousal Support Laws

Spousal support or alimony can be awarded in legal separation or divorce cases. According to US Census data, there were 9,342 divorces in Orange County in 2024. In California, spousal support cases are heard in the family court. In Orange County, the family court is located at the Lamoreaux Justice Center, 341 The City Drive South, Orange, CA 92868-3205.

To ensure that both spouses have access to legal counsel and representation, the family court in California may order one spouse to pay the attorney’s fees and costs of the other spouse. This rule applies to all family court proceedings, including spousal support hearings.

The California Family Code sections 2100-2107 require that both spouses create and exchange a detailed, comprehensive financial assessment before the court makes any decisions regarding spousal support. It must include:

• Income sources (salary, bonuses, rental income)
• Assets (bank accounts, non-retirement investments, business interests, retirement plans, real estate)
• Debts (loans, credit card balances)

Supporting Documents

Each couple should also provide supporting documents such as pay stubs and tax returns. It is important that both spouses provide an honest financial disclosure. If a spouse attempts to hide assets or income, it can result in monetary sanctions, agreements being set aside due to incomplete disclosure, or the hidden assets being awarded to the innocent spouse.

According to California Family Code section 4337, the obligation to pay spousal support ends if the spouse receiving support remarries or if either party dies. There is no requirement for any court order; the payments can end immediately upon death or remarriage.

Paying Spousal Support

If a judge orders you to pay spousal support, the payments may be taken directly from your paycheck through a process called earnings assignment or income withholding. If you are regularly employed, you will typically be required to pay by earning assignment unless your spouse consents to a different method.

If you are not paying via an earning assignment, you may make payments by cash or check to your spouse. If your circumstances change and you cannot afford to pay the spousal support amount originally identified by the court, you can request a change in the amount of support you pay through a support modification process with the Court. You will need to provide documentation to demonstrate that your financial situation has changed. You will also need to complete Form FL-300.

In California, if you fail to pay spousal support, you may be held in contempt of court (Code of Civil Procedure §§1209–1222). Outcomes can include asset seizure, garnished wages, suspended professional licenses, and jail time. Under CA Family Code 4722, a 10% annual interest rate is automatically added to unpaid support, and the interest compounds annually.

FAQs

What Is a Non-Working Spouse Entitled to in a Divorce?

In California, a non-working spouse is entitled to an equal division of community property. Community property is any asset or debt acquired during the marriage. California law recognizes the contributions of a non-working spouse to the marriage, such as raising children or managing the household. The court wants to ensure a fair and equitable division for both partners. A non-working spouse may also be entitled to alimony or spousal support.

What Factors Determine Spousal Support?

Spousal support is determined by a variety of factors, and each case is unique. The court will take into account the length of the marriage. It will also consider whether each spouse can earn income. The court will carefully evaluate the standard of living during the marriage, as well. Costa Mesa, California does not use a strict formula for determining long term spousal support.

Do I Have to Support My Wife During Separation in California?

A judge may order you to pay spousal support to your wife during a separation in California. Until the divorce is finalized, the court may order one spouse to pay spousal support to the other to help them with their monthly living expenses. In California, either spouse may be ordered to pay spousal support, depending on the financial circumstances.

Contact a Spousal Support Attorney – Creative Family Solutions

At Cianci Law, PC, we help our clients obtain fair spousal support so they can leave the marriage financially secure. Our attorneys have the experience and knowledge to find solutions to even the most complex alimony issues. Please contact our office to discuss your case and learn how we can help.

Costa Mesa Spousal Support Lawyer Reviews