Palm Springs Spousal Support Lawyer

Palm Springs Spousal Support Attorneys

Divorce can be a painful chapter in your life. When pursuing divorce, it is important to protect yourself, and spousal support is a way to ensure you are financially stable during the divorce process and afterward. What’s more, it’s crucial to seek a fair agreement if you are the spouse who may potentially pay alimony. If you are in the midst of a divorce in Palm Springs, consider contacting a Palm Springs spousal support lawyer.

At Edgar & Dow, our experienced family law attorneys understand the gravity of a spousal support agreement. We can work tirelessly to protect your interests and work toward securing a favorable agreement. In addition, we can help those who may need a modification to an existing spousal support order.

What Is Spousal Support?

Spousal support, or alimony as it is often called, is financial support ordered by the court for one spouse to pay to the other. It is intended to cover the lesser-earning spouse’s monthly expenses. If you have a domestic partnership, you can still obtain spousal support. In that case, it is known as domestic partner support. There are two types of spousal support that you can receive:

• Temporary Spousal Support: Temporary spousal support is ordered for the duration of the divorce process. It ensures that the lesser-earning spouse has financial stability while they continue with the legal proceedings of the divorce. It can continue after the divorce is finalized and can be modified by the court as needed.
• Long-Term Spousal Support: Long-term spousal support, also known as rehabilitative alimony, is ordered to the lesser-earning spouse so they have financial support while they acquire training and education to become self-supporting.

A judge will order the higher-earning spouse to pay spousal support to the other spouse for as long as the judge deems necessary, fair, and reasonable. There could be attached conditions that would end spousal support, such as the lower-earning spouse completing college. Spousal support can also be negotiated through alternative dispute resolution methods like meditation.

California spousal support laws are gender-neutral. In Palm Springs, who pays alimony and how much they pay depend entirely on each individual case and the income of both spouses. If one spouse was traditionally the breadwinner in the relationship and the other spouse did not work for themselves, a judge will typically order the higher-earning spouse to pay spousal support for a certain duration of time. Gender does not factor into the judge’s decision.

What Determines the Amount of Spousal Support?

There is no set amount that a judge will order for spousal support. Every case is different, and certain factors have to be taken into account for a judge to arrive at a reasonable figure:

• Earning Capacity: The judge has to weigh the earning capacity of each spouse, taking into account their marketable skills, their work experience, their training, and their education levels. If one spouse has given up work life or education to be a stay-at-home parent, this will be considered in the judge’s decision.
• Standard of Living: The goal is to maintain the general standard of living that you possessed during the marriage. This is not always possible, but it is often pursued. The judge will evaluate your needs based on your current or former standard of living.
• Marriage Duration: The longer you were married, the more spousal support will likely be ordered to be provided to the lower-earning spouse.
• Outstanding Debts and Valid Assets: When you get divorced, your property is divided between you and your ex-partner. This includes outstanding debts and any assets you may have acquired during the marriage. These will also be considered by the judge.

There are other factors that may be taken into account, like the spouses’ ages, their educational backgrounds, any domestic violence disputes, and tax implications. Every case will be evaluated differently and with specific factors at play.

FAQs

Q: How Much Is Spousal Support in California?

A: Spousal support in California is typically 40% of the monthly net income of the higher-earning spouse, reduced by half of that of the lower-earning spouse. If you are already paying temporary spousal support, that will end once the divorce is finalized and will be replaced by this formula. This does not include child support, which is calculated separately from spousal support if applicable.

Q: What Disqualifies You From Alimony in California?

A: Abuse or domestic violence may disqualify you from alimony in California. If the lower-earning spouse, who would usually be the one receiving alimony, is found guilty of abuse or domestic violence, they will not receive any amount of alimony.

In addition, alimony is not necessary if the lower-earning spouse has enough assets to support themselves or if the higher-earning spouse cannot pay alimony due to previous financial obligations to another party. Alimony is not automatic, and not every divorce results in alimony payments.

Q: How Do I Negotiate Spousal Support in California?

A: You can most effectively negotiate spousal support in California by communicating effectively and honestly with your spouse. This may be easier said than done, especially if there is friction between the two parties. Still, it is important to openly discuss your pending financial situations and what you both expect from one another in regard to a request for spousal support. If you try to hide your assets, that will only hurt you if discovered in court. A skilled lawyer can also negotiate on your behalf.

Q: How Long Does Spousal Support Last in California?

A: Spousal support in California typically lasts as long as it takes for the lower-earning spouse to become self-supporting and no longer need assistance from spousal support. The longer the marriage lasts, the longer it is assumed this will take for the lower-earning spouse to accomplish. If a marriage has lasted less than 10 years, spousal support typically lasts half the length of the marriage. For longer marriages, it is decided on a case-by-case basis.

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Divorce is a difficult process, but in the long run, you can emerge from the situation more financially and emotionally stable. At Edgar & Dow, our experienced spousal support lawyers understand and respect your situation and are determined to help you make the most informed decision you can regarding your finances. Contact us to schedule a consultation as soon as you can and to learn more about your spousal support options.