Orange County Spousal Support Lawyer

Orange County Spousal Support Attorney

Divorces can be emotionally catastrophic and difficult to move past, especially if the divorce was the result of some sort of betrayal. It can be hard to accept that your marriage is over, but it’s something you must do in order to move on. Throughout it all, you want to make sure you are financially protected. That can mean many different things depending on your situation post-divorce. An Orange County spousal support lawyer can help you determine your options.

The divorce rate in California has ranged anywhere from 5% to 9% in recent years, but the divorce rate in Orange County is one of the highest in the entire state. Divorce is not uncommon in the county, and there are many different law firms you could consider. The team at Cianci Law, PC, also known as Creative Family Solutions, can provide you with everything you need to understand any spousal support obligation you may be tied to for the foreseeable future.

Spousal Support in California

Spousal support, which is often referred to as alimony, is financial assistance for the lower-earning spouse that’s ordered by the court in certain situations after a divorce. The amount of time you may be ordered to either pay or receive spousal support may be determined by the court and decided on by a judge. It’s important to remember that not every divorce is going to result in spousal support. It’s only awarded in cases where there is a deep financial disparity.

Spousal support is a common part of divorce proceedings, especially when one spouse is the primary breadwinner and the other takes on a more traditional role in the household. When one spouse finds themselves on their own after years of being financially dependent on somebody else, they need time to figure themselves out and achieve financial independence. Spousal support gives them time to learn new skills, get a higher-paying job, or find a new relationship.

Generally, there are only two forms of spousal support that can be awarded in California. The kind of spousal support you can either be awarded or ordered to pay depends entirely on the details of your case, the length of your marriage, each spouse’s financial situation, and the general standard of living that each spouse maintained during the marriage. The different types of spousal support that may be awarded in California are:

• Temporary spousal support. The lower-earning spouse may be awarded temporary spousal support to keep them afloat financially throughout the divorce process. It’s not intended to be a long-term solution, but it can give them financial stability as they navigate their divorce. In some cases, the court can modify the agreement, and temporary support may continue after the divorce.
• Long-term spousal support. Long-term spousal support is fairly common in cases where one spouse made significantly less than the other throughout the marriage. The court may award it to the lower-earning spouse for as long as necessary. The goal is for the lower-earning spouse to achieve financial independence, however long that may take.

In California, spousal support ends when the lower-earning spouse remarries or dies. The court does not consider gender when determining spousal support; the only factors considered are both spouses’ income and general financial security.

Following a divorce, you may have the need to talk about it with someone. Going through a divorce can be a traumatic experience that may be difficult to fully accept. There are many different divorce support groups throughout Orange County. Mariners Church in Irvine has a support group for adults and one to help children cope with divorce. You may also want to reach out to Collaborative Divorce Solutions of Orange County (CDSOC), a nonprofit that can help.

FAQs

Q: What Is the Average Spousal Support Payment in California?

A: There is no average spousal support payment in California. The amount is different for every case, as the contributing factors that determine the payment amount are always different too. Generally, spousal support payments are one half of the lowest-earning spouse’s pay deducted from 40% of the highest-earning spouse’s income. However, there is no set formula for determining spousal support. The court considers many important factors.

Q: What Disqualifies You From Spousal Support in California?

A: Many different behaviors can disqualify you from receiving spousal support in California. One of the most important ones is domestic violence. If you have a history of perpetrating domestic violence, you may be denied alimony entirely or at least have your payments substantially reduced.

Q: What Qualifies You for Spousal Support in California?

A: If you want to qualify for spousal support in California, you need to be able to prove that you are not financially independent and have been relying on your spouse’s income throughout the marriage. You also need to prove that your spouse can afford to pay you alimony without a significant impact on their own finances. The court can consider many different factors before awarding you spousal support.

Q: How Do You Fight Spousal Support in California?

A: If you want to fight spousal support in Orange County, California, you may need to prove that you have undergone a significant change in your financial security since the original alimony order was made. You can also prove that your spouse’s financial situation has gotten secure enough to no longer need your help. Modifying alimony requires a court order.

Reach Out to a Divorce Lawyer Today

Spousal support is a common result of many California divorces, though it’s never a guarantee that it will be part of yours. If you end up having to pay spousal support, you may want to reach out to a lawyer to see if there’s a way to reduce payments. If you are awarded spousal support, a lawyer can help you make sure you receive payments in a timely manner.

The legal team at Cianci Law, PC can give you everything you need to ensure your divorce ends up fair and balanced. Contact us to speak to someone on our team about a consultation.

See Related Posts:

• What Is the Average Spousal Support Payment in California?
• How Spousal Support Works in California
• Do Not Wait to Modify a Spousal Support Order in California