San Marcos Spousal Support Lawyer

San Marcos Spousal Support Attorney

When you’re navigating the stress of complicated divorce proceedings, you need a San Marcos spousal support lawyer on your side to help you through paperwork, negotiations, and court hearings. If you’re seeking support payments — or need to pay them — your San Marcos family lawyer can evaluate your financial situation and plan for the future.

Erica Bloom Law provides compassionate counsel and clear communication to ensure you receive a fair settlement in your divorce. The dissolution of a marriage can be an overwhelming and difficult time in your life. Having an experienced legal advocate in your corner can make all the difference.

How Are Support Payments Calculated in California?

California courts calculate support payments based on each spouse’s income, standard of living, and the length of the marriage, among many other factors. If spousal support is necessary, the general formula used by courts for temporary support payments involves calculating a percentage of the higher-earning spouse’s net monthly income and subtracting half of what the lower-earning spouse nets.

In addition to each spouse’s income, courts consider many other components when determining if support payments are necessary. Some of these considerations include:

• Each party’s individual needs
• The employability of the spouse seeking support
• Evidence of domestic violence
• The length of the marriage (with longer marriages being more likely to include support payments)
• The health and ages of each spouse
• How much each spouse contributed to the other spouse’s career or education
• The standard of financial living within the marriage
• Additional assets
• Tax consequences

Permanent Support Payments vs. Temporary Support Payments

The courts may determine support payments on a temporary or permanent basis.

• Temporary: Temporary support payments occur during the divorce process and conclude at its finalization. This type of payment plan can also happen in an annulment case. The goal of temporary support payments is to meet the basic needs of the lower-earning spouse and help cover divorce costs.
• Permanent: Permanent support payments occur on a monthly basis until either spouse passes away or the receiving spouse remarries. The court may also determine when support payments end. If the paying spouse retires or begins making less than the receiver, the courts may order an end to permanent support payments. Permanent support payments do not apply in annulment cases.

The 10-Year Rule for Divorce in California

The 10-year rule in California affects the spousal support time frame. If you’ve been married for more than 10 years, the court labels this as a long-term marriage and is more likely to require support payments. This rule also impacts the division of assets and retirement benefits.

The purpose of the 10-year rule is to ensure a fair settlement between the spouses, as it considers all aspects of the shared contributions made during the marriage in San Marco, CA.

The Rule of 65 in California Divorce

Another guideline used when calculating spousal support is the Rule of 65. The court takes the length of the marriage and adds this to the recipient’s age at the time of divorce in San Marcos. If the total reaches 65 or higher, support payments may be required indefinitely from the payer.

This rule acts as a protective measure for spouses approaching or entering retirement age and living on less income than in previous years. The courts still take into consideration the age and health of each party, retirement benefits, assets, and the individual needs each party may have.

How Can a Vista Spousal Support Lawyer Help?

An experienced San Marcos spousal support lawyer can advise you on the divorce process and whether you should pursue support payments or how you can prepare to pay it. Their job is to advocate for you in court and through negotiations with your spouse and their legal team.

San Marcos family lawyers consider the interests of any children you have, your standard of living, and what your financial future could look like to support you and your family. Your lawyer discusses your options to find an outcome that works in your favor.

San Marcos Spousal Support FAQs

Q: What Disqualifies You From Spousal Support in California?

A: California law makes some exceptions for who can receive spousal support. A person may be disqualified from receiving spousal support if their assets are significant or if they’re beginning a new serious relationship. Marital misconduct, such as violence, adultery, or prolonging divorce proceedings unnecessarily, can also prevent someone from receiving spousal support.

Q: What Is the Average Spousal Support in California?

A: Since each divorce case is different, there is no average spousal support payment in California. The judge assesses each case to determine how much spousal support should be paid. Some factors considered include the length of marriage, the ages and health status of each spouse, income, and the standard of living provided during the course of the marriage.

Q: What Qualifies You for Support Payments in California?

A: To qualify for support payments in California, you need to meet certain requirements. Judges generally give preference to spouses with a marriage lasting ten years or more. The judge also considers what contributions you made to the household and your earning capacity. Financial needs and resources make up a large portion of the judge’s decision for who qualifies for support payments.

Q: How Long Does Spousal Support Last in California?

A: Spousal support may be long-term or temporary and can be subject to the judge’s ruling. Temporary support payments conclude at the divorce’s finalization. Long-term spousal support payments end when either the recipient or the payor dies, if the recipient remarries, or if both parties agree to an end date on their own terms.

Schedule a Consultation With a San Marcos Family Lawyer Today

If you’re worried about divorce proceedings and how to care for you and your family’s financial future, contact a divorce law firm that can fight in your corner to get you a fair settlement.

The San Marcos spousal support lawyer at Erica Bloom Law handles each case with compassion and holds an extensive understanding of California divorce law. Schedule your consultation today to discuss how we can help you through complex divorce proceedings and negotiate for the settlement you deserve.