Spousal support, often referred to as alimony, is a financial consideration in many Santa Ana divorces. It involves payments from one spouse to the other for a period after the marriage ends. The purpose of spousal support is to help the lower-earning spouse maintain a standard of living similar to what they enjoyed during the marriage and to provide them with time to become self-supporting. Determining whether spousal support is appropriate, how much should be paid, and for how long are complex issues that a Santa Ana divorce lawyer can help you navigate.
In California, there are two main types of spousal support: temporary and long-term. Temporary spousal support can be ordered early in the divorce process to help maintain the financial status quo while the divorce is pending. The amount is often calculated using a guideline formula. Long-term spousal support is determined at the time the final divorce judgment is issued and is based on a variety of factors outlined in California Family Code Section 4320.
These factors are numerous and include the length of the marriage, the earning capacity of each spouse, the standard of living established during the marriage, the needs of each spouse, the age and health of the parties, and any history of domestic violence. Unlike temporary support, there is no strict formula for calculating long-term spousal support. Instead, judges have broad discretion in weighing these factors to determine a just and reasonable amount and duration of support. This is where the advocacy skills of a Santa Ana divorce lawyer are crucial.
Whether you anticipate paying or receiving spousal support, your lawyer will work to present a compelling case based on the Section 4320 factors. They will gather financial documentation, such as income stubs, tax returns, and expense records, to demonstrate your financial situation and argue for an support order that is fair and equitable.
If you are seeking spousal support, your Santa Ana divorce lawyer will highlight your need for support based on your earning capacity, the job market, and the time it may take for you to acquire necessary education or training to become self-sufficient. They will also emphasize the marital standard of living and your contributions to the marriage, including contributions as a homemaker or parent that may have impacted your career trajectory.
If you anticipate paying spousal support, your lawyer will focus on your ability to pay, taking into account your income and expenses. They can also present evidence regarding your spouse’s earning capacity and their efforts to become self-supporting. The goal is to ensure that any support order is reasonable and does not create an undue financial burden.
The duration of spousal support is another critical aspect. For marriages of less than 10 years, the general rule is that support will last for half the length of the marriage. However, for longer marriages, the court retains jurisdiction to order support for an indefinite period. Your Santa Ana divorce lawyer can argue for an appropriate duration based on the specific circumstances of your case and the likelihood of either spouse becoming self-supporting.
Modifying or terminating existing spousal support orders may also be possible if there has been a significant change in circumstances, such as a substantial change in income, remarriage of the supported spouse, or retirement. A Santa Ana divorce lawyer can assist you in filing the necessary legal documents and representing you in court to request a modification or termination of support.
Given the subjective nature of long-term spousal support determinations, having an experienced Santa Ana divorce lawyer is essential to protect your financial interests and ensure that the court has a complete and accurate understanding of your situation. They will advocate tirelessly on your behalf to achieve a just and supportable outcome.
