Irvine Spousal Support Attorneys

When a marriage ends, untangling the financial aspects of your partnership may be one of the most challenging parts of your divorce. This is particularly true if there’s a significant income disparity between the two spouses.

When one spouse is left without the money they need to support themselves after divorce, the court may step in and award spousal support, also known as alimony, to the lower-earning spouse.

Wondering if you’re owed alimony or if you’ll be expected to pay spousal support? The Irvine spousal support attorneys at RM Law Group are here to help. Call us at 949-561-1520 or reach out here to set up a consultation with our team now.

What Does California Law Say About Spousal Support?

Spousal support is not assumed in a divorce. It’s based on a number of factors, including the length of the marriage, assets owned by both parties, the lower-earning party’s needs, and the higher-earning party’s ability to pay. There are two types of spousal support in California: temporary and long-term. Temporary orders may be put in place between filing for divorce and the date on which the divorce is finalized. Long-term orders are part of the divorce agreement.

Calculating Spousal Support

The Orange County Superior Court uses a basic calculation to figure out a starting point for a spousal support order.

Of course, this number may be adjusted to account for differences in each party’s expenses. Other parts of the divorce agreement may also affect the spousal support order. For example, if the lower-earning spouse gets a larger share of the marital estate, they may waive their right to spousal support. If the higher-earning party pays for a much larger share of the children’s expenses, spousal support may be decreased accordingly.

If a marriage lasts less than ten years, spousal support is generally paid for half the length of the marriage. In a marriage lasting more than ten years, there is no set guideline—the duration of spousal support will need to be agreed upon by both parties or determined by the judge.

What Situations Warrant a Change in or End to Spousal Support?

It’s rare for spousal support to be permanent, although permanent support is still awarded in cases involving very long marriages or spouses with poor health or limited earning capacity. Even if you haven’t reached the end of your court-ordered spousal support, there are circumstances that may call for a change. If both parties agree to change or terminate spousal support, they can draft an agreement and ask the court to sign off on it. If the party who receives spousal support remarries, the paying party may request an end to payments. Spousal support also ends if either party passes away.

You may also request a modification in spousal support if there’s a material change in circumstances. They are able to find work, but they now only earn $10,000 per month. The court may allow a reduction in spousal support, particularly if the higher-earning party’s expenses are the same as they were when they were earning twice as much. If the lower-earning party has a significant increase in income, that could also warrant a change in spousal support.

What RM Law Group Can Do for Your Spousal Support Case

Whether you expect to receive or pay spousal support, it is crucial to have an experienced spousal support attorney on your side. The decisions you make during negotiations will have a significant impact on your financial stability moving forward, and you deserve an agreement that sets you up for success. We’ll take an in-depth look at your financial situation, both as a couple and as an individual. This gives us the information we need to determine what spousal support agreement would be fair. We’re ready to advocate for you during negotiations and demand an agreement that accommodates your needs. Should you need a modification in the future, we’ll be there to take your case back to court and fight for you again.

Contact Us Today to Get Started

The earlier you contact RM Law Group, the earlier we can begin working on your case. Schedule your free consultation now – just contact us online or call us at 949-561-1520.