San Clemente Spousal Support Lawyer

San Clemente Spousal Support Attorney

Spousal support, also known as alimony, requires one spouse in a dissolving marriage to make payments to the other on either a temporary or a permanent basis. It’s most commonly awarded when there is a large discrepancy between the two spouses’ incomes or when only one person has been employed outside the home. A good way to determine whether you’re eligible for alimony payments is to contact a San Clemente spousal support lawyer.

Skilled Spousal Support Lawyer

Melissa Cianci, the founder of Cianci Law, PC, is a Certified Family Law Specialist and alimony attorney with experience handling spousal support cases of all types. Our team is intimately familiar with spousal support laws, and we can help you understand everything from how the judge determines payments to when alimony agreements can be altered.

Hire a Spousal Support Lawyer

Divorces are stressful, especially when issues like ongoing financial health are involved. Having a San Clemente spousal support attorney on your side can alleviate much of that stress. Your lawyer can focus on things like filing paperwork at the Superior Court of Orange County, understanding finances, and negotiating payments.

Orange County has one of the highest divorce rates in the nation, and 33 OC residents file for divorce each day. California, overall, has a divorce rate of 5.9 per 1,000 residents. According to one study by Reuters, only 10% of former spouses receive alimony. Hiring a lawyer could improve your chances of being in that minority.

Temporary vs. Permanent Alimony Payments

One key distinction you should be aware of is what makes temporary and permanent alimony payments different. Temporary alimony payments are only mandated through the finalization of the divorce. Permanent spousal support doesn’t necessarily last forever, but it is ordered as a part of the final divorce judgment. The name comes from the fact that the order itself is permanent, even if it only applies for a limited time.

Short-Term vs. Long-Term Marriages

The second distinction that pertains to determining spousal support amounts is the difference between a short-term and a long-term marriage. In California, as defined in Family Code 4320, short-term marriages last for 10 years or less. Family Code 4336 defines a long-term marriage as one that lasts for 10 years or more.

In short-term marriages, the court can only award alimony payments for a duration equal to one-half the marriage’s length. Only the dissolution of long-term marriages can result in indefinite spousal support payments, and it’s rare for them to do so.

There are some cases in which marriages that last less than 10 years are considered long-term marriages for the purposes of awarding alimony. If one spouse’s health prevents them from working, that could play a role, for example. Some couples also specify the length of any potential spousal support in prenuptial agreements, although these documents are not bulletproof.

Factors That Influence Spousal Support Payment Amounts

The factors that go into determining spousal support amounts are outlined in California Family Code 4320. They include:

• Length of the marriage
• Standard of living during the marriage
• Each spouse’s earning capacity
• Each spouse’s assets and debts
• Each spouse’s monetary and non-monetary contributions to the marriage

If it sounds like calculating alimony can be complicated, that’s because it’s true. The judge has a good deal of leeway in determining payments, which is part of why it’s recommended that you have a spousal support lawyer who can represent your rights during this process.

FAQs

What Disqualifies You From Spousal Support in California?

There are three things that can disqualify you from spousal support in San Clemente, California. The first is remarrying a new partner. The second is a diminished need for financial assistance. The third is a lack of reasonable efforts to become self-sufficient. A felony conviction for domestic violence can also leave you ineligible for receiving spousal support payments.

What Is the Average Spousal Support Payment in California?

There is no average spousal support payment in California since every couple’s economic situation is different, but there is a common formula used by judges to determine alimony payments in short-term marriages. Take 40% of the higher earner’s monthly net income, subtract it from 50% of the lower earner’s monthly net income, and that offers a starting point for determining spousal support payments.

Do You Need a Lawyer to File for Spousal Support?

You don’t need a lawyer to file for spousal support, but most people should hire one. The legal standards and financial considerations that go into determining alimony payments can be complicated, and having a lawyer is a good way to protect your interests. Spousal support lawyers are experienced at analyzing their clients’ financial situations and presenting them clearly to the court to establish eligibility for alimony payments.

What Is the 10-Year Rule for Alimony in California?

The 10-year rule for alimony in California refers to short-term vs. long-term marriages. It specifies that marriages lasting less than 10 years can only result in spousal support payments that last for up to half the duration of the marriage, while those lasting more than 10 years can involve permanent alimony that continues indefinitely. The 10-year rule is not a hard-and-fast rule, and judges sometimes make exceptions under extenuating circumstances.

Find Your San Clemente Spousal Support Lawyer: Contact Creative Family Solutions

If you’re looking for a San Clemente spousal support lawyer, look no further than Cianci Law, PC. Our law firm has extensive experience helping people just like you navigate the complex world of spousal support. Contact us today to set up an initial consultation.

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