Attorneys Helping Clients Understand How Alimony Works
- Whether you will be paying or receiving spousal support, it’s important to be represented by one of the best family law attorneys in Oceanside.
- Michael Fischer is a top lawyer who has represented countless clients in contentious family-related disputes.
- Attorney Craig Van Thiel is known for his ability to reach cost-efficient resolutions.
- Find out why we are known as one of the best family law firms in Oceanside by reading our client reviews, where we have earned
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- Let the honest and aggressive lawyers at our award-winning law firm work towards a peaceful resolution in your spousal support dispute.
Spousal support, which is also known as alimony, is a form of financial assistance that is often ordered by the court during divorce proceedings in the state of California. There’s no law that states a spousal support order must be issued in every divorce, so judges have the authority to only issue spousal support when it is necessary. To determine if the issue of alimony will arise in your divorce, speak to an experienced spousal support attorney at Fischer & Van Thiel LLP today.
When Is Spousal Support Awarded?
Spousal support is generally awarded in cases where one spouse is either the sole source of income or the main source of income in the marriage. But, income is not the only factor that will be taken into consideration by the courts.
There are many other factors that could impact a judge’s decision to award spousal support in a divorce, including:
- The length of the marriage
- Each party’s current income and ability to earn an income
- The standard of living enjoyed by both spouses during the marriage
- How long it will take for the lesser-earning spouse to gain financial independence
- The ability of each spouse to support themselves
- Age and health of each spouse
The length of a marriage plays an important role in spousal support cases. If spousal support is awarded, the length of the marriage can be used to determine how long the payments should be made to the lesser-earning spouse.
Spousal support payments will typically be made for a longer period of time if the marriage lasted for at least ten years. Couples that were married less than ten years are still eligible to receive this financial assistance, but the payments may end sooner.
What Are The Different Types Of Spousal Support In California?
There are several different types of spousal support that can be awarded during divorce proceedings. The first is temporary alimony, which can be awarded to the lesser-earning spouse as soon as the divorce papers have been filed. This type of alimony ensures that the lesser-earning spouse is able to cover legal fees and living expenses until the divorce and the final alimony agreement has been finalized.
Rehabilitative alimony is paid on a temporary basis. The spouse that receives this type of alimony is expected to make changes in her life that will help her support herself. For example, someone who is unemployed could live off of this money until she is able to find a job. Once she is able to support herself, the alimony payments will stop.
Reimbursement alimony can be paid to the lesser-earning spouse to reimburse her for certain expenses. For instance, if she would like to attend an educational course to learn new skills that could help her get a job and support herself, the higher-earning spouse could be ordered to reimburse her for the cost of the course.
Lump-sum alimony is a single spousal support payment that is made after the divorce has been finalized. Sometimes, the lesser-earning spouse can choose to take a lump-sum alimony payment instead of asking for property.
Finally, there is permanent alimony, which is paid after the divorce has been finalized. This type of alimony will usually be paid until the receiver either remarries or passes away. Talk to your family law attorney to determine which types of spousal support may be ordered in your divorce so you know what to expect.
How Can A Top Law Firm Assist With Spousal Support Modifications?
Both spouses must comply with the terms of a spousal support order that has been issued in court, however, adjustments can be made to this order if they are needed. For example, if the spouse that is paying the support experiences a drastic change in his income, he can ask the court to lower spousal support payments to make them more affordable. The paying spouse can also ask the court to end spousal support payments if the spouse that is receiving the money remarries or begins to cohabitate with a new significant other.
It’s important to note that the initial spousal support order will remain in effect until a judge has ruled on the modification request. This means an ex-spouse cannot start to make lower spousal support payments simply because he has asked for a modification.
The process of modifying a spousal support order can be difficult, so it’s best to let an attorney help. An attorney can file the appropriate paperwork on your behalf and then build a case that clearly illustrates why the modification is needed.
Schedule A Consultation With A Lawyer At Our Spousal Support Law Firm
Are you filing for divorce? If so, get in touch with the experienced spousal support attorneys at Fischer & Van Thiel LLP as soon as possible. Our attorneys have nearly four decades of combined experience working in various practice areas, including divorce, child custody, child support, property division, mediation, domestic violence restraining orders, visitation, and other family law matters. We are proud to offer legal representation to clients in Oceanside, San Marcos, Carlsbad, San Diego, and throughout San Diego County, California.
Let our lawyers review your case, hear your concerns, answer your questions, go over our legal fees, and provide legal advice during a confidential consultation. To schedule a consultation with our attorneys, please call 760-722-7646 or fill out the form on our website to contact our team via email today.