Los Angeles Spousal Support Attorneys: What You Need to Know about Spousal Support

Going through a divorce or separation can be a complex and emotionally challenging experience. One of the many issues you may face is spousal support, also known as alimony or partner support. Here at The Reape-Rickett Law Firm, our experienced Los Angeles spousal support attorneys can guide you through this process and ensure your rights are protected.

What is Spousal Support and How Does it Work?

In California, spousal support is a court-ordered payment from one spouse or partner to the other after separation or divorce. It’s intended to help the lower-earning party maintain a similar standard of living enjoyed during the marriage or partnership. There are two main types of spousal support:

Temporary Spousal Support: This is typically awarded during the initial stages of separation to help maintain financial stability until the divorce or separation is finalized.
Permanent Spousal Support: This is a longer-term award determined during settlement or trial.

Qualifying for and Calculating Spousal Support

In California, the court considers several factors to determine if spousal support will be awarded, and if so, the amount and duration. These factors are outlined in California Family Code Section 4320 and are designed to ensure a fair outcome that considers the needs of both parties.

Courts often use a computer program to determine a baseline amount based on income for temporary support. Permanent spousal support is determined during the divorce settlement or trial and involves a more complex analysis of the factors mentioned below.

Below are the factors the court considers when ordering spousal support:

Length of Marriage or Domestic Partnership: Generally, spousal support is more likely and may last longer for marriages that lasted a significant amount of time.
Needs and Standard of Living: The parties needs, and the standard of living enjoyed during the marriage is a benchmark for determining the appropriate level of support.
Finances and Property: The court will consider the income (including earning capacity) of both parties, as well as debts and assets of each party.
Childcare Needs: If one party is the primary caregiver for children, their ability to work and earn income may be limited, impacting the spousal support award.
Age and Health: The age and health of both parties can influence their earning potential and need for financial assistance.
Educational Opportunities: Did one party support the other in obtaining an education, training, career, or professional liecnse? This can be a factor if it impacted their earning capacity.
Domestic Violence: If domestic violence was a factor in the marriage, it may affect the spousal support award.
Tax Implications: The tax consequences of spousal support payments are factored into the calculations to ensure a fair outcome for both parties.

Duration of Spousal Support in California

The duration of spousal support payments generally depends on the length of your marriage. Here’s a breakdown of what to expect:

Marriages Under 10 Years: California Family Code Section 4320 establishes a guideline for shorter marriages. The goal is for the supported spouse to become self-supporting within a “reasonable period of time,” which is generally considered half the length of the marriage. However, this is not a strict rule. The court has discretion to order support for a longer or shorter duration based on the specific circumstances of your case.
Marriages Over 10 Years: For long-term marriages, the concept of “reasonable period of time” becomes more flexible. The court will consider several factors outlined in California Family Code Section 4320, including the age, health, and employability of the supported spouse. If the supported spouse is young, healthy, and has the skills to re-enter the workforce, the court may order them to become self-supporting within a reasonable timeframe. However, if the supported spouse has limitations due to age, health, or lack of job skills, spousal support may continue for a longer period, potentially indefinitely.

Important to Note: Even after half the length of the marriage has passed in a short-term marriage, spousal support may not automatically end. The court has broad discretion to consider all relevant factors before making a final decision.

An experienced family law attorney can help you navigate the complexities of spousal support duration. They can advise you on the factors the court will consider and advocate for the best outcome based on your specific circumstances.

Enforcing Your Spousal Support Order

Many clients express concern about receiving court-ordered spousal support on time and without complications. Fortunately, there are established methods to enforce spousal support orders. One of the most common and effective tools is wage garnishment. This applies to spouses who are traditionally employed and receive regular paychecks (W-2 employees). With a court order in place, a portion of their wages can be automatically withheld by their employer and directed to you. This ensures consistent and timely payments, eliminating the need to chase down late payments or deal with the awkwardness of requesting them directly from your ex-spouse.

However, enforcing spousal support becomes more complex if your former spouse is self-employed or receives income through irregular channels. In these situations, a skilled spousal support attorney becomes invaluable.

Modifying or Terminating Spousal Support

Once permanent spousal support in California is ordered it is possible to change the amount or duration. This typically requires demonstrating a significant change in circumstances, such as a change in income, unemployment, underemployment, or even child support terminating for children of the marriage. Typically, spousal support will terminate when the Judgment or Order states when either spouse dies, or if the spouse receiving the support remarries or enters into a new domestic partnership.

The Reape-Rickett Law Firm: Experienced Los Angeles Spousal Support Lawyers

Spousal support can have a significant financial impact on both parties involved. The Reape-Rickett Law Firm’s dedicated Los Angeles spousal support attorneys understand the complexities of these cases. We will work tirelessly to advocate for your best interests and ensure a fair outcome in your divorce settlement.

Contact Us Today

If you have questions about spousal support or need legal representation in your divorce, contact The Reape-Rickett Law Firm today. Don’t navigate this challenging time alone. Let our experienced legal team guide you through the process and protect you.