San Diego Spousal Support Lawyer

How Long Does Spousal Support Last?

Spousal support is either temporary or long-term. Temporary arrangements provide financial support during the divorce process. As its name implies, long-term support involves payments made or received for an extended period. 

How California Courts Determine Spousal Support

You may request spousal support as part of a divorce, legal separation, or annulment. Additionally, you can seek spousal support as part of a domestic violence restraining order (DVRO). Courts determine whether payments are justified and how much they should be using a formula that accounts for factors like your and your spouse’s earning potential. 

Other factors include:

• Any changes in standard of living after divorce
• Whether you or your spouse helped the other get an education or career training
• The length of your marriage
• The cost of caring for your child or children
• Your age and health, as well as your spouse’s
• Instances of domestic violence in the marriage
• Any assets or debts that you and your spouse share or possess personally 
• Other factors a court deems important

Spousal Support Enforcement

California has strict laws to ensure that spousal support payments are made on time and in full. The state can garnish wages, put a lien on property or assets, and even suspend driver’s or professional licenses. In cases where a spouse continuously fails to make spousal support payments, they may face significant fines or jail time. 

If you have not received adequate support or have been subject to penalties because of an unfair agreement, contact us. Our San Diego spousal support lawyers can assist with all kinds of enforcement matters and help you get what is fair. 

How Does the Remarriage of the Recipient Affect Spousal Support?

In California, when a spousal support recipient remarries, the paying spouse’s obligation to provide ongoing support generally ends. The court assumes that a remarried individual now has access to a new source of financial support and is therefore less likely to need ongoing support from their former spouse. It’s essential for both parties to be aware of this rule, as it helps both parties move on financially and encourages long-term independence.

However, spousal support payments do not stop automatically; the payor must file a motion to request termination of payments if the recipient remarries. If payments continue beyond the remarriage, they may not be recoverable unless the payor takes steps to officially modify or end the support order through the court. It’s also important to consider that if spousal support is part of a lump-sum payment arrangement or structured differently in a prenuptial or postnuptial agreement, remarriage may not terminate support automatically. Additionally, if both parties agree to continue payments despite remarriage, they may be able to create an alternative arrangement. Consulting with an attorney is highly advisable in these scenarios to clarify how remarriage affects individual support agreements and the required steps for legal modification or termination of support.

What Are the Types of Spousal Support in California?

California law provides for two primary types of spousal support: temporary and permanent. These distinct categories serve different purposes and apply at different stages of the divorce process, each with specific guidelines for how they are awarded and modified.

Temporary Spousal Support

Temporary spousal support is awarded during the divorce proceedings and serves as a short-term financial aid for the spouse with fewer financial resources. The purpose is to ensure that both parties maintain a reasonably comparable standard of living while the divorce is pending. Temporary support is typically calculated based on a standard formula that considers both spouses’ incomes and monthly expenses. It remains in effect only until a final divorce judgment is issued. Temporary spousal support can vary widely in amount based on the immediate financial needs of the lower-earning spouse and can be terminated or modified as circumstances change during the divorce process.

Permanent Spousal Support

Permanent spousal support, despite its name, is not necessarily lifelong. Instead, it refers to the final spousal support order determined in a divorce decree, which takes effect after the divorce is finalized. The court awards this type of support based on a comprehensive assessment of factors, including the length of the marriage, the recipient’s need for support, the payer’s ability to provide it, each party’s standard of living, and the impact of any domestic responsibilities on the recipient’s earning potential. Unlike temporary support, permanent support is designed to help the lower-earning spouse become self-sufficient or maintain a lifestyle comparable to that during the marriage.

Understanding these types of spousal support and their implications can help you prepare for the divorce process and manage expectations for the financial obligations involved. At our firm, we work with clients to navigate these issues, ensuring they understand their rights and options under California law.