Spousal Support

San Diego Spousal Support Lawyers

Skilled Alimony Agreement Assistance in San Diego

In California, spousal support (sometimes called alimony) is awarded in certain situations, usually when one spouse has supported the other throughout the marriage. If you are a resident of San Diego County, are getting a divorce, and want to know how much spousal support you will receive or be required to pay, then our San Diego spousal support attorneys can help!

Contact us online or call (619) 577-4900 today to discuss your options with a spousal support lawyer in San Diego.

Understanding Spousal Support in California Divorces

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No, spousal support is not mandatory for all divorces in California; however, it is awarded in cases where one spouse was supported by a higher-earning spouse during the marriage, which is common. Alimony is awarded on the understanding that the supported party will make a good faith effort to support themselves.

Alimony isn't a one-size-fits-all solution. In California, there are several types of alimony that may be awarded depending on the specifics of your case. Our experienced alimony attorneys at Family Law San Diego can help clarify these options for you:

Temporary Alimony: This type of support is awarded during the divorce proceedings to maintain the financial status quo.
Rehabilitative Alimony: Designed to support a spouse who is working towards self-sufficiency, typically through education or job training.
Permanent Alimony: Often awarded in long-term marriages, this support continues until the recipient remarries or either spouse passes away.
Lump-Sum Alimony: A one-time payment that provides financial support without ongoing obligations.

Our dedicated team will work closely with you to determine which type of alimony best fits your circumstances and needs. We strive to ensure that you receive a fair outcome that supports your long-term stability and well-being.

Eligibility Criteria for Alimony in California

In California, alimony / spousal support is generally awarded to the lower-earning spouse who was supported by the higher-earning spouse during the course of the marriage. Generally, spousal support is paid for half the length of the marriage if it was less than 10 years. For longer marriages, the court does not set a duration for spousal support.

Factors Influencing Spousal Support Amounts in California

When deciding if alimony should be awarded in a divorce, courts consider as many as 10 factors that affect the decision, including the ones listed below:

Length of the marriage
Age and health of the parties
Standard of living during the marriage
Whether the party was out of the workforce for any domestic reason

Consult a San Diego spousal support attorney if you want to ensure that you pay or receive a fair amount of spousal support in San Diego County. Contact us now!

Duration of Alimony Payments in California Marriages

It depends on the length of the marriage. If you were married for fewer than 10 years, then alimony is generally paid for up to half the length of the marriage (so 10 years or fewer). Long-term marriages do not have a set rule for the amount of spousal support.

The amount of "permanent" spousal support for a long-term marriage is either agreed upon between the two parties in an amicable split, or it is decided by a judge in a contested case. In either case, it is in your best interests to have a spousal support attorney on your side.

Modifying or Terminating Spousal Support

Changes in circumstances may necessitate a modification or termination of spousal support. Common reasons for modification include:

Change in Income: If the paying spouse experiences a significant decrease in income or the receiving spouse begins earning a higher income, either party may seek a modification.
Remarriage: If the receiving spouse remarries, spousal support typically terminates, as the new marriage may provide additional financial support.
Cohabitation: If the receiving spouse begins living with a new partner in a way that suggests financial interdependence, this may lead to a reduction or termination of spousal support.
Health Issues: Significant health changes that affect either party’s ability to earn income can also justify modifications.

Enforcing Spousal Support Orders

Once a spousal support order is established, it is essential to ensure compliance. If a spouse fails to make required support payments, the receiving spouse has legal options to enforce the order.

Court Enforcement: The receiving spouse can file a motion with the court to enforce the support order. This may involve wage garnishment or other legal remedies to ensure compliance.
Contempt of Court: If non-payment continues, the court may hold the paying spouse in contempt, which can result in penalties, including fines or even jail time in severe cases.
Negotiation and Mediation: Sometimes, disputes over support can be resolved through negotiation or mediation, allowing both parties to come to an agreement without extensive court intervention.

Consult with Our Skilled Alimony Lawyers in San Diego

Family Law San Diego can help you understand how much spousal support you may be able to receive in San Diego County, or how much spousal support you may have to pay if you are the supporting spouse. Get in touch today to find out how our San Diego spousal support lawyers can help!

Call (619) 577-4900 today or fill out our online contact form to speak with a spousal support attorney near you!

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