Spousal support or alimony are continued payments made from one spouse to another under a separation or divorce order for purposes of helping maintain a certain standard of living after a divorce or separation. It is important to note that spousal support is not mandatory in every divorce case, and the facts and equities in a particular case may call for no spousal support or very short-term support. Cal. Fam. Code § 4320 (a).
In those situations where spousal support is warranted, typically the higher earning spouse is ordered to pay spousal support to the other spouse at the time of divorce and it will be made based on the established standard of living of the divorcing parties, each parties financial stability, the length of marriage, as well as the ability to pay the spousal support.
In California, both spouses are able to qualify for spousal support. At San Diego Biz Law our divorce lawyers help you maximize and exceed your spousal support recovery, as well as help minimize the spousal support responsibility. If you are the majority earning spouse, it is essential that you find the right divorce lawyer who can advise you accordingly for purposes of reducing spousal support exposure.
If you are the minority earning spouse, it is equally critical that you have the right divorce lawyer that can provide a worldwide search of assets, among other things, in order to make sure that the lower earning spouse continues to be adequately supported through the divorce proceedings and after.
However, if you are currently under a spousal support order, our divorce lawyers can help you change the terms of your current spousal support order under the right set of circumstances. In California, a court may modify a spousal support order upon a showing of a material change of circumstances since the last order. In doing so, the party seeking the modification of a spousal support order bears the burden of establishing a material change of circumstances since the last order. In determining whether a change of circumstances has occurred warranting modification of a spousal order, the trial court is required to reconsider the same statutory standards and criteria it considered in making the initial long-term order at the time of judgement and any subsequent modification order. Cal. Fam. Code §4320.
By having the right divorce lawyer that can address all angles of spousal support related issues, you will be better equipped to confidently proceed in the face of the divorce proceedings.