Chino Hills Spousal Support Lawyer

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Chino Hills Spousal Support Attorney

Divorce can be a particularly emotional time. Not only is it sensitive on a personal level, but the legal and financial circumstances related to dissolving a marriage can make the entire process equally stressful and complicated. Fortunately, you don’t have to navigate your divorce alone. Consulting with an experienced Chino Hills spousal support lawyer can help give you peace of mind throughout the entire process by knowing that your interests are well represented.

What Is Spousal Support?

Spousal support, also known as alimony, refers to the financial assistance provided by one spouse to the other following the proceeding of a divorce or legal separation. The objective of spousal support is to fairly address any financial disparities between the two parties and enable the lesser-earning spouse to maintain financial stability and a similar standard of living to that during their marriage.

There are two primary forms of spousal support. Which type that can be implemented in your situation is dependent on the specific circumstances of each spouse:

  • Temporary Spousal Support: Temporary spousal support or alimony may be granted while a divorce is still being settled and is relatively short-term. If one spouse is granted temporary alimony, their contribution will either end when their case is finalized, or they will have to get a new order created when their divorce is settled. Temporary spousal support is meant to assist the lower-earning spouse with basic necessities like attorney fees and housing during the course of the legal proceedings.
  • Permanent Spousal Support: Also known as long-term alimony, this is a judgment made by the courts once a divorce has been finalized. It is an agreement between both spouses that one will continue to make monthly payments to help protect the other.

For marriages that last for fewer than ten years, permanent spousal support can often last for half the length of the marriage, whereas marriages lasting longer than ten years are considered “lengthy” and can last indefinitely.

In order to ensure that you reach fair and equitable spousal support terms in your divorce case, it’s essential that you seek the legal guidance of an experienced Chino Hills family law attorney.

How Do You Qualify for Spousal Support in California?

It’s important to understand that spousal support is not guaranteed and is not granted in every divorce in California. If you or your spouse believes that you need some degree of spousal support, then you must file an official request with your local family court in Chino Hills.

There are many factors that the divorce court will consider when determining spousal support in California. Under state family law, those factors include the following:

  • Marital standard of living
  • The amount needed to live up to the marital standard
  • The duration of the marriage
  • The separate property of both parties
  • How dependent children are affected
  • The age and health of both parties
  • The payer’s ability to pay
  • Tax implications
  • Hardships to both parties
  • Any other considerations deemed relevant

Once the court has considered all the relevant factors detailed above, it will determine the particular amount and duration of spousal support based on the specific circumstances of the case. In some instances, parties may negotiate spousal support agreements outside of court through mediation or collaborative divorce processes.

However, if the spouses cannot reach an agreement, the court will issue an official spousal support order specifying the exact amount, duration, and payment terms.

It’s important to note that not all spousal support or alimony is permanent. Temporary spousal support may be awarded during the divorce proceedings to ensure financial stability for the supported spouse until a final court decision is reached. Permanent spousal support, however, may be awarded in cases involving long-term marriages or where one spouse cannot achieve self-support due to age, health, or other factors.

It should also be noted that spousal support orders are not set in stone and can be modified under certain circumstances. If, at any point following the initial court ruling, there is a significant change in circumstances, such as loss of employment, retirement, remarriage, or other notable changes in income, then either party can petition the court for a modification of spousal support.

In any circumstance, it’s crucial to the outcome of your case that you consult with a reputable family lawyer to ensure that your spousal rights are upheld both during the initial proceedings and beyond.

FAQs

Q: How Much Is Spousal Support in California?

A: In accordance with California spousal support guidelines, the calculation of alimony takes 40% of the higher-earning ex-spouse’s income and subtracts 50% of the lower-earning ex-spouse’s income from that 40%. The higher earner is then responsible for paying the other that difference as spousal support. Those exact percentages are not permanent and can be altered depending on certain circumstances.

Q: How Do I Negotiate Spousal Support in California?

A: During divorce proceedings, there are multiple ways to negotiate spousal support in California. It generally starts with effective communication and the spouses being able to openly discuss their financial situations and concerns. In contrast, attempts by either spouse to hide financial assets can end up working against them in court if the court deems one party as deceitful due to a lack of transparency.

It’s highly recommended that both parties seek legal representation or mediation in order to come to fair and agreeable terms.

Q: How Many Years Do You Have to Be Married to Get Alimony in California?

A: In California, no minimum marriage duration is required to be eligible for temporary alimony payments. In most cases, if the duration of the marriage is less than ten years, then alimony payments will typically last for half the length of the marriage. For most marriages lasting more than ten years, indefinite alimony is often granted.

Q: What Is the 10-Year Rule for Divorce in California?

A: The 10-year rule for divorce in California refers to alimony eligibility. Marriages with a total duration of 10 years or more are typically considered “lengthy,” and the divorce court may not set a limit to the duration that the lesser-earning spouse can receive alimony. For marriages of less than ten years in duration, alimony is usually granted for half the length of the marriage.

Consulting with a Trustworthy Chino Hills Spousal Support Lawyer

Steven J. Brown, Attorney at Law, is dedicated to all matters of family law. As a devoted family man, attorney Steven Brown understands the emotion attached to divorce cases and works diligently to provide his clients and families with the highest standard of care possible. Let our skilled team guide you through the entire process and ensure that you understand all of your options.

Contact us today and schedule a consultation with our team so that we can begin reviewing your case.

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