Escondido Spousal Support Lawyer

Escondido Spousal Support Attorney

A separation often introduces financial instability for one of the parties involved. California allows spouses going through a divorce or a legal separation to request spousal support to mitigate this impact. Spousal support is not mandatory, and speaking with an Escondido spousal support lawyer brings clarity as to whether or not you may be entitled to this financial benefit and for how long.

At Erica Bloom Law, we bring a depth of knowledge and skills to spousal support cases. As a high-quality Escondido family lawyer with over a decade of assisting clients going through divorce in Escondido, we understand the nuances of spousal support petitions and can answer any concerns about spousal support requests.

Understanding Spousal Support in California

In California, spousal support orders are granted by family courts during a divorce process. These payments are issued to a former spouse or domestic partner to support them financially following separation.

Types of Spousal Support Available

There are two types of spousal support orders: temporary spousal support and long-term or permanent spousal support.

Temporary spousal support is typically ordered for the period of separation and until the divorce process is finalized. It is a way for one spouse to be financially supported by the other pending the division of marital assets and debts. Any party may petition for temporary spousal support when they file their divorce petition.

In the final divorce judgment, long-term spousal support is issued as part of a divorce settlement. This is a financial obligation that can last for a long time and depends on factors like how long the marriage lasted and the petitioning spouse’s age.

Spousal Support Eligibility in California

Spousal support is not a benefit either spouse is inherently entitled. In order to determine eligibility for spousal support, a judge considers the petitioner’s need for financial support and the other spouse’s ability to pay spousal support.

In marriages where one spouse is a high-earner and the other spouse earned a low income or was a stay-at-home parent, it is more likely for a judge to issue spousal support.

A petitioner whose earning potential is low based on sacrifices they made for their partner’s career or education and those who are close to retirement age as of their separation may also be able to secure a spousal support benefit.

Factors Used to Calculate Spousal Support

During the divorce process, both parties can agree on a spousal support amount and the length of time this support is to be issued.

In cases when both parties cannot come to an agreement, a judge reviews a spousal support petition and uses several factors to determine the level of spousal support and the time period for which the support should be issued. These factors include:

• The marriage’s length.
• The income of each spouse.
• Separate assets and debts held by both parties.
• Final marital property division.
• The petitioning spouse’s earning potential and age.
• Any health issues the petitioning spouse may have.
• Child care responsibilities of the requesting spouse.
• The standard of living during the marriage.

There are some basic formulas and guidelines that a family court judge can use to calculate spousal support amounts and length. They have the discretion to issue an amount they find appropriate in each case.

Advantages of Working With an Escondido Spousal Support Lawyer

A spousal support petition is not something you want to handle on your own in most cases. There are several advantages to working with an Escondido spousal support lawyer if you are seeking financial support from your soon-to-be spouse.

A dedicated attorney can lend a hand with filing the appropriate paperwork to initiate your request for spousal support so that you receive what you are entitled to as soon as possible.

Based on their time practicing family law, a spousal support lawyer can better assess which evidence to present in front of a judge to demonstrate your financial need. They guide you in painting a better picture of your finances and recommend taking into consideration important aspects of your relationship that demonstrate the sacrifices you made during your marriage.

Legal Support Is Important

If you would like to walk away knowing you have obtained the most spousal support you are entitled to, it is highly advised that you seek the backing of a seasoned Escondido spousal support lawyer.

For those on the other side of the spousal support petition, a spousal support attorney is an invaluable asset to have on your side. As a respondent, you should be prepared to provide a detailed overview of your financial responsibilities. A skilled attorney facilitates this process for you and can aid you in presenting a compelling argument to guarantee you are not burdened by an inequitable spousal support order.

A dedicated attorney can also assist either party in requesting a modification to spousal support payments if your circumstances have changed, for instance, if the recipient spouse starts working or the paying spouse loses their job.

Escondido Spousal Support FAQs

Q: What Qualifies You for Spousal Support in Escondido, CA?

A: To qualify for spousal support in California, either spouse should submit a petition during the divorce process. Spouses who have a low income-earning potential due to their age, health condition, or sacrifices they made to their education or career for the benefit of their spouse may be entitled to spousal support following separation.

Q: How Is Spousal Support Determined in Escondido, CA?

A: Spousal support amounts and time can be agreed upon by both spouses in a divorce settlement in California. If an agreement is not reached, a judge may determine these based on preexisting guidelines and formulas. They consider income, assets, and earning potential for both spouses. The age and health status of the petitioner may also impact the final spousal support calculation.

Q: How Long Does Spousal Support Last in Escondido, CA?

A: Spousal support in Escondido lasts as long as the date set on the spousal order. This final number is determined by a judge or agreed upon by both parties. A person can also request a modification to spousal support orders if their circumstances have changed. Once a recipient spouse remarries, they lose their right to spousal support. You and your spouse can also mutually agree to terminate a spousal support order.

Q: Can a Man Pursue Spousal Support?

A: A man can pursue spousal support. Spousal support in California is not issued based on sex or gender. Rather, whether a person is eligible or not for spousal support is based on multiple factors like their income and any other circumstance that may limit their earning potential as a result of their marriage.

Speak With a Seasoned Escondido Spousal Support Lawyer Now

There are often more questions than answers when it comes to spousal support cases. An Escondido spousal support lawyer can assess your spousal support petition and can advocate for your financial needs in court.

Erica Bloom Law is a family law firm based in San Diego County. We provide comprehensive family law counsel and representation, including for spousal support cases. Schedule a consultation today to discuss your case with us.