Encinitas Spousal Support Lawyer

People experience a wide variety of feelings when their marriages fall apart. Some people find themselves completely devastated that their spouse no longer wants to share their lives while others look at their divorce as an opportunity to build a brighter future. No matter how you are feeling about the end of your marriage, your feelings are valid. Unfortunately, the divorce process can often be cold as you work to separate your once-intertwined lives. As you work through the settlement terms, certain elements may be more contentious than others.

Spouses who are going to separate often find it difficult or impossible to agree on whether alimony should be paid, and if so, how much. Working with a compassionate Del Mar spousal support lawyer from Ratzer Dobis may be your best option if you hope to protect yourself from being taken advantage of and assert your rights. Your dedicated family law attorney can help you understand which factors will determine how spousal support decisions are made. We will provide you with the legal insight and knowledge you need whether you expect alimony obligations or require spousal support when your marriage ends. Contact our legal team to request a confidential consultation today so we can take a closer look at your family’s finances and prepare accordingly.

Advantages of Working With a Spousal Support Attorney

Having a spousal support lawyer in Del Mar on your side could make all the difference in the outcome of your divorce settlement. Alimony is one of the most difficult elements of the divorce process. It is not unusual for spouses to be at odds over whether alimony will be paid and how much spousal support the lesser-earning spouse should receive. Your family law attorney with Ratzer Dobis will:

Ensure you understand your rights
Help you determine whether spousal support should be paid in your divorce settlement
Figure out how much alimony is appropriate based on both spouses’ income, earning capacity, and contributions to the marriage
Determine how long the lesser-earning spouse will receive alimony
Prepare the spousal support agreement

If possible, you should work with your spouse to craft a spousal support order so the decision is not taken out of your hands. If you and your spouse cannot work together to determine whether alimony should be paid, instead of resolving this matter out of court quickly, your case will need to go to trial.

If this happens, the judge presiding over your case will review both parties’ income, assets, and other factors to determine whether alimony is appropriate and how much spousal support should be paid. If your case does go to trial, you can rely on your spousal support attorney to introduce powerful supporting evidence and protect your rights every step of the way.

How Alimony Works in Del Mar

When one spouse earns more than the other, a spousal support order can be issued as part of your divorce proceedings. This is a legally binding contract that requires the higher-earning spouse to provide financial support to the lesser-earning spouse. Alimony used to be required because one spouse, usually the wife, would not work outside of the home. Instead, they would raise the children and be homemakers, relying on their husbands for financial support.

These days, either spouse could be entitled to alimony, regardless of gender. If one spouse earns significantly more than the other spouse, and the lesser-earning spouse would suffer a reduced quality of life without the higher-earning spouse’s financial support, alimony could be ordered in your divorce.

However, we have also represented individuals who found themselves at odds with their spouses despite the lack of income discrepancies. Our alimony attorneys can ensure you get the fair representation you need to negotiate a reasonable spousal support agreement.

These Are the Different Types of Spousal Support

It may surprise you to learn that there are multiple types of spousal support. Alimony is not necessarily awarded on a permanent basis, and the type of spousal support that could be awarded in your case will be based on a number of different factors, beyond your income and expenses.

Rehabilitative Support

Rehabilitative support is not permanent. It is a type of financial support the lesser-earning spouse can use to go back to school or obtain further job training so they can earn a living and support themselves. Rehabilitative support is more common in divorces where the family was a single-income household. The amount of time rehabilitative support can be paid will vary depending on how long it will take for the lesser-earning spouse to get the training they need to find gainful employment.

Temporary Support

Temporary spousal support is only awarded in the interim. Temporary support does not extend beyond the date your divorce is finalized. This type of spousal support requires the higher-earning spouse to cover the lesser-earning spouse’s expenses while the divorce proceedings continue. This might include the cost of the lesser-earning spouse’s divorce attorney. Interestingly, temporary spousal support is not calculated using the California alimony guidelines. Instead, according to the California Courts Self-Help Guide, temporary spousal support is determined by using California’s child support guidelines under California Child Support Services.

Permanent Support

Permanent, or long-term spousal support is not awarded in most divorce cases. Generally, permanent alimony is only considered when the couple has been married for a minimum of 10 years. If the lesser-earning spouse has a disability or is incapable of supporting themselves due to their age, the higher-earning spouse may be ordered to provide spousal support to the lesser-earning spouse for the rest of their life. However, if the lesser-earning spouse remarries, the permanent spousal support order can be rescinded.

Reimbursement Provisions

The state of California also has another type of provision that may apply as you discuss alimony and division of marital property. Commonly known as reimbursement support under Cal. Fam C § 2641, if one spouse contributed to the other spouse’s professional development, education expenses, or career, they have the right to request reimbursement from the other spouse. The family courts may award reimbursement support if the lesser-earning spouse contributed to the higher-earning spouse’s earning potential since the lesser-earning spouse will no longer benefit from their contributions or investment.

Multiple Factors Determine Alimony Payment Amounts

There are certain requirements that must be met to prove spousal support should be ordered in your divorce settlement. Under California Family Code § 4320, specific factors will be taken into consideration to determine whether permanent, rehabilitative, temporary, or reimbursement support should be ordered. Some of these factors include:

How long you were married
Both spouses’ earning capacity and current income
Both spouses’ standard of living
The higher-earning spouse’s independent standard of living
Both spouses’ physical and mental health
The possible tax implications for both spouses
Whether there is a history of domestic violence within the household
Both spouses’ debts, assets, and separate property

Encinitas Spousal Support FAQ

What happens if my ex doesn’t make their alimony payments?

If your ex-spouse is required to pay spousal support and fails to do so, they may be found in contempt of court according to the California Courts. Their wages could be garnished, they could be ordered to pay a 10% interest penalty, or the court could seize other assets to pay their arrears. Your ex could also be taken into custody and spend some time in jail for failing to make spousal support payments as ordered.

Is spousal support guaranteed when you get divorced in Del Mar?

No, there is no guarantee that alimony will be paid when you get divorced in California. If you can work with your spouse to come to an agreement regarding spousal support, the judge is more likely to accept your proposed terms, especially if you both agree with your support plan. However, if both spouses earn approximately the same amount of money, spousal support may not be ordered as part of your divorce settlement.

One spouse will generally need to earn more than the other spouse for alimony to be issued in your divorce. However, if either spouse is fully capable of supporting themselves without reducing their quality of life or that of their shared children, spousal support may not be necessary, even if one spouse earns significantly more than the other.

Can I modify an existing spousal support order?

Yes, you can modify an existing spousal support order by filling out Form FL-300. When you petition the court to modify your alimony order, you must prove that you have good reason to request the modification. For example, if you are the spouse paying support, and you recently lost your job, you may not be able to continue making your alimony payments without a steady income.

Alternatively, if you are the spouse receiving alimony and need to further your education so you can support yourself, you may need to request additional alimony to cover these expenses. However, until your request to modify an existing spousal support order has been granted by the court, you should continue making or receiving alimony payments as ordered.

Get Help From a Premier Spousal Support Lawyer in Del Mar Today

There is no denying how stressful and challenging divorce can be for the entire family. Living separate lives may not be what you expected, but when your marriage comes to an end, you need to take steps to protect yourself and your finances. If you believe you are entitled to alimony or expect your ex to demand spousal support, you need an experienced and empathetic Del Mar spousal support attorney from Ratzer Dobis on your side.

We will do everything possible to make this difficult transition a little easier. Get your divorce settlement finalized sooner so you can move forward with your life. Fill out our confidential contact form or call our office to schedule your case strategy session as soon as today.