Corona Spousal Support Lawyer

CORONA ALIMONY ATTORNEY

When a former couple makes the decision to end their marriage in Corona, CA, there are many decisions that must be made. Assets must be divided fairly, the care and support of any children must be decided, and the divorce agreement must be approved by the courts. This process can be lengthy and feel overwhelming at times, especially when you are trying to determine if spousal support should be required. The support, resources, and guidance of an experienced spousal support lawyer in Corona can make it easier. Since 2004, the Edgar & Dow has been serving clients and meeting their family law needs.

THE BASICS OF SPOUSAL SUPPORT IN CALIFORNIA

Spousal support, also called alimony, is a monthly payment from one spouse to the other that is required by the courts. This payment is intended to cover an individual’s expenses each month. In some divorce cases, the former spouses can agree on the terms of their spousal support. If that is not possible for any reason, a judge will have to determine how much spousal support, if any, is necessary.

There are many different factors that may impact the amount of spousal support that is required each month. If a judge is making the final determination, they will consider things such as:

• The age of each spouse
• The health of each spouse
• The resources required to maintain their standard of living
• The length of the marriage
• Any history of domestic violence
• Whether the supporting spouse can afford to pay support
• If the supported spouse can get a job and still contribute to the well-being of the children

There are many other factors that may impact a judge’s final decision about spousal support. Once a decision has been made about whether alimony should be required from one spouse, the judge will determine the amount of spousal support that is necessary.

CALCULATING SPOUSAL SUPPORT

Every divorce case is different, so no two alimony decisions will be the same. The calculation of spousal support amounts is based on:

• The needs of the spouse with a lower income
• The ability of the higher-earning spouse to pay

Some circumstances require spousal support for a short period of time. Others may necessitate spousal support being paid for many years. A judge must decide whether temporary or long-term spousal support is the right fit on a case-by-case basis.

• Temporary Spousal Support: It may be decided that temporary spousal support is the right option for a case. This gives the lower-earning spouse time to adjust to their new circumstances. This type of support is requested when the divorce proceedings begin and, in most cases, only lasts until the divorce is finalized. Temporary spousal support can be increased or stopped if the financial circumstances of either spouse change. However, the request must be made quickly to ensure both spouses are able to support themselves.
• Long-Term Spousal Support: In some cases, this is also referred to as rehabilitative support. That term is related to the fact that many judges order long-term support only for a certain time. It will last as long as it takes for the lower-earning spouse to get the skills, education, or work necessary to support themselves and their standard of living. In other cases, long-term support will end if the supported spouse remarries, either spouse passes away, a previously agreed-upon date is reached, or the courts order the support to end.

Spousal Support Lawyers FAQS

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

A: In the state of California, a marriage that lasts ten years or longer is “of long duration.” This distinction does not have a role in determining spousal support from a legal standpoint, meaning that there are no laws that require spousal support for a long marriage. In many cases, however, a judge is more likely to require spousal support to be paid following a marriage that lasted ten years or longer.

Q: What Are the Rules for Alimony in California?

A: The specific details of alimony, also known as spousal support, in California can be difficult to understand. A judge can rule that spousal support is required in cases involving:

• Divorce
• Restraining orders for domestic violence
• Legal separations

There are two types of alimony that can be required:

• Temporary
• Long-term

It can be difficult to determine a specific amount of spousal support. The judge will rule based on what is required to maintain the lifestyle that the spouses are familiar with. An experienced Corona spousal support attorney can help you understand the process.

Q: What Disqualifies You From Receiving Alimony in California?

A: One of the primary things that will disqualify someone from receiving spousal support in California is a domestic violence conviction. If one spouse has recently been convicted of a felony related to sexual assault, domestic violence, or the attempted murder of their spouse, then they are not eligible to receive alimony. Similarly, an individual who has been convicted of a misdemeanor for domestic violence against their spouse will likely not receive spousal support. However, a judge may require it if that individual has a history of being a domestic violence victim.

Q: How Long Does an Ex-Spouse Have to Pay Alimony in California?

A: The length of time that a former spouse will need to pay alimony will vary depending on the details of each case. In some circumstances, a judge will rule that spousal support must be paid until the divorce is finalized. This is known as temporary spousal support. Other circumstances require long-term spousal support, which is paid for a period after the divorce is finalized. Regardless of whether the alimony is temporary or long-term, the final decision will be made based on the specific needs of each spouse.

CONTACT THE EDGAR & DOW

Even in the most ideal circumstances, finalizing all the details of a divorce agreement can take time and bring up difficult emotions. Determining the necessary amount of spousal support can create tension. It can also potentially cause delays in the divorce proceedings overall. The help of an experienced, accomplished Corona spousal support attorney can make the entire process easier and help you reach a fair spousal support agreement. Contact the team at the Edgar & Dow today for all your spousal support needs.