Spousal Support
SPOUSAL SUPPORT
Spousal Support Attorney
San Ramon, CA
Also known as ”alimony”, spousal support is a common part of California divorce. The well-off (wealthier) spouse will likely owe monthly payments to the less wealthy spouse during and after the divorce. This is especially critical when there was only one income earner in the marriage.
The payments – spousal support – are court-ordered to ensure the smooth transition of divorced families into a new lifestyle. It is an effective tool that aims to maintain everyone’s standard of living.
Whether you expect to receive or pay spousal support, the San Ramon family law attorneys of sanramondivorcelawyer.com are here to help. Read on to learn everything you need to know about spousal support in San Ramon, California.
The Two Types of Spousal Support in San Ramon
California classifies spousal support according to two primary types, depending on the family’s needs. Here is a comprehensive look at the two types of spousal support in San Ramon to get you started:
Temporary Spousal Support
You receive or pay temporary spousal support the moment you file for a divorce but before it is finalized. It is calculated with a county-specific or state-specific formula that considers the two incomes. Your tax status and deductions are also taken into consideration.
Permanent Spousal Support
You receive or pay this support once the divorce is finalized. It can either be for a specific duration or indefinitely, depending on the court ruling. However, the court maintains broad discretion when it comes to determining the amount of permanent spousal support.
Calculating Spousal Support in California
The amount of spousal support is different for every case in San Ramon, CA. This is because there is no strict formula set in California for calculating spousal support. Instead, the parties can agree on an appropriate amount that seems fair.
However, because divorce is often full of conflict and hostility, the court will have the final say. The ruling will dictate the amount of monthly payments in spousal support and the duration. Below are the factors that will be considered when awarding spousal support:
- The duration of the marriage
- What both parties can pay – including earning capacity
- Standard of living during the marriage
- Whether getting a job will make it difficult to raise the children
- How Long is Spousal Support Paid in San Ramon
- The duration of the marriage
- What both parties can pay – including earning capacity
- Standard of living during the marriage
- Whether getting a job will make it difficult to raise the children
- Debts and liabilities of both parties
- Age and health of the involved parties
- Source of income of each person
- Tax consequences
How long one is expected to pay spousal support is generally based on the length of the marriage. California law includes guidelines that stipulate how long spousal support should be paid. However, the court will ultimately decide the duration based on the specific circumstances of your case.
Below 10 Years of Marriage
In San Ramon, marriages that lasted less than 10 years have a spousal support duration of half the length of the marriage. For instance, a marriage that lasted 8 years would approximately receive spousal support for 4 years after the divorce.
Over 10 Years of Marriage
A marriage that lasted more than 10 years is considered long-term according to California law. Therefore, spousal support is either awarded until death or when the receiving spouse becomes self-supporting.
Grounds to End Spousal Support in San Ramon, California
For many individuals, owing spousal support may turn into a financial burden over time. Therefore, it is common to start asking yourself whether there is a way to end or reduce your spousal obligations earlier. Below are the top circumstances under which you can terminate your support obligation:
Retirement
Courts understand that individuals will not work forever. Therefore, retirement serves as a strong basis for the modification or termination of spousal support. Even if the paying spouse decides to retire early, the court can still modify or end their support obligation.
Cohabitation or Remarriage
Divorce settlements usually add specific conditions to spousal support. Among these conditions is that the support will come to an end when the receiving party lives with a romantic partner or remarries. Therefore, you can seek to terminate spousal support once your ex gets re-married or moves in with a new partner.
Changed Financial Circumstances
Both recipients and payers of spousal support in California can at any time petition the court to terminate or modify their support obligation. You can do this by showcasing significant income changes for you or your ex. For instance, you can ask the court to terminate or reduce your support obligation if you have become disabled or lost a job. Likewise, you can argue that your ex doesn’t need financial support if they have gotten a substantial income boost.
How to Increase Spousal Support in San Ramon, California
Are you unable to make ends meet despite receiving spousal support? Maybe it is due to a health issue or loss of income that has significantly increased your living costs. Well, you can petition the court and get an increase in spousal support. Here is how to increase your spousal support in San Ramon, California.
Determine If You Are Eligible to Receive an Increase
Some divorce settlement agreements include a clause that deters either party from seeking modification of support in the future. Therefore, start with ensuring you are eligible to seek an increase before filing a petition.
Determine If You Have Experienced Significant Circumstance Changes
You will need to prove a material change of circumstances for either you or your ex-spouse. Show a significant increase in your ex-spouse’s financial assets or your needs. These material changes in circumstances include the following:
- The ex-spouse has significantly lower expenses than anticipated
- Increase in your ex-spouse’s assets or income
- Increases in your expenses – such as due to a medical issue
- A loss of income or job
Let Us Help
Do you need guidance with spousal support issues? Ensure you contact the San Ramon, CA family law attorneys of sanramondivorcelawyer.com for your consultation. Our dedicated team is here to offer you the guidance and support you need during this difficult period.
Whether you need Divorce Representation, Visitation Agreements, Spousal Support or Child Custody, our experienced Attorneys will help you in all aspects of Family Law. Contact us for a free consultation!