Providing Legal Counsel in Riverside Spousal Support Cases
Divorce is one of the most stressful experiences you may ever have, and the right attorney can make a significant difference in the outcome of your divorce case. Every marriage is unique, so every divorce case is unique as well. There is no one-size-fits-all solution to approaching a divorce case, and every divorce will involve unique issues, including child custody, property division, and spousal support.
Spousal support, also called alimony, is a very contentious issue for many divorcing couples in the Riverside, CA area. California state law upholds a community property statute that requires divorcing spouses to divide their marital property equally in divorce. This also pertains to spousal support determinations in some ways because the courts also uphold that a divorced spouse has the right to maintain a similar lifestyle after divorce as they enjoyed while they were married. This is where spousal support comes into play.
If you are planning to divorce in the near future, the Law Offices of Kathleen G. Alvarado can provide the legal counsel you need throughout this challenging process. Our team has years of experience representing clients in their divorce cases, including those that involve difficult questions concerning spousal support. We can provide the detail-oriented legal counsel you need during your divorce case.
Why Should I Hire a Spousal Support Lawyer for a Divorce?
Do not make the mistake of assuming you can navigate your divorce case without legal counsel, even if you and your spouse are civil and agreeable toward one another. Divorce is a complex legal process, and it is crucial to have legal counsel who can help you preserve your best interests throughout your divorce case. Your divorce may entail difficult legal issues that you may not be able to handle on your own. Additionally, if your spouse retains their own legal counsel and you do not, there is no guarantee you can reach a fair and reasonable divorce agreement on your own.
Hiring an experienced Riverside spousal support lawyer to represent you in divorce proceedings is an investment in your future. You are more likely to obtain a reasonable outcome to your divorce when you work with the right attorney. Your legal team can help you gather the documentation and evidence you will need to provide during your divorce proceedings and help you streamline your case in different ways. At the Law Offices of Kathleen G. Alvarado, our team has the experience to help you secure a fair spousal support determination in your divorce case.
Why Should I Hire a Spousal Support Lawyer for a Divorce?
Do not make the mistake of assuming you can navigate your divorce case without legal counsel, even if you and your spouse are civil and agreeable toward one another. Divorce is a complex legal process, and it is crucial to have legal counsel who can help you preserve your best interests throughout your divorce case. Your divorce may entail difficult legal issues that you may not be able to handle on your own. Additionally, if your spouse retains their own legal counsel and you do not, there is no guarantee you can reach a fair and reasonable divorce agreement on your own.
Hiring an experienced Riverside spousal support lawyer to represent you in divorce proceedings is an investment in your future. You are more likely to obtain a reasonable outcome to your divorce when you work with the right attorney. Your legal team can help you gather the documentation and evidence you will need to provide during your divorce proceedings and help you streamline your case in different ways. At the Law Offices of Kathleen G. Alvarado, our team has the experience to help you secure a fair spousal support determination in your divorce case.
What Is Spousal Support and Alimony?
Spousal support or alimony is money paid by one ex-spouse to the other that allows the recipient to maintain a lifestyle equivalent to what they had while married. Spousal support is likely to come up in divorce cases that involve spouses with unequal earning power. For example, if one spouse earns $300,000 per year and the other spouse earns $75,000 per year, it is very likely that the higher-earning spouse will end up paying alimony to the lower-earning spouse.
In most California divorce cases, spousal support exists on a temporary basis, but it is possible to reach a permanent alimony agreement in some cases. There are also specific conditions that both the paying spouse and the recipient must understand and follow after their divorce case concludes. For example, if the paying spouse fails to make their payments on time and in full, they may face contempt of court. If the recipient engages in certain actions, they may disqualify themselves from receiving future payments. It is vital to consult your Riverside spousal support lawyer when it comes to determining the best way to handle your spousal support agreement once you obtain it.
How Is Spousal Support Determined?
When a judge must rule on spousal support in a divorce case, they must assess numerous factors, including:
- Each spouse’s income.
- Each spouse’s job prospects and/or future earning potential.
- The age and overall health of both spouses.
- Any preexisting prenuptial contracts between the spouses.
- The spouse’s behavior before and during divorce proceedings.
- The custody rights of the spouses if they have children.
- The length of the marriage.
There is a baseline formula that a judge may use to calculate spousal support, but it is possible for this to fluctuate based on the aforementioned factors. The typical formula is 40% of the higher-earning spouse’s monthly income reduced by half of the lower-earning spouse’s income. For example, if the higher-earning spouse makes $10,000 per month, 40% of this would be $4,000. If the lower-earning spouse earns $3,000 per month, half of this would be $1,500. The resulting spousal support amount would be $4,000 reduced by $1,500, resulting in a $2,500 per month spousal support obligation for the higher-earning spouse.
California family court judges also often uphold that spousal support may last up to one-half of the length of time the marriage lasted if the marriage lasted less than ten years. For example, if the marriage lasted eight years, the judge would likely require spousal support for no more than four years. However, if the marriage lasted longer than ten years, the court would maintain jurisdiction over the spousal support order and will have the authority to change the terms of the alimony agreement in light of material changes in either of the ex-spouses’ lives.
How Is Spousal Support Determined?
When a judge must rule on spousal support in a divorce case, they must assess numerous factors, including:
- Each spouse’s income.
- Each spouse’s job prospects and/or future earning potential.
- The age and overall health of both spouses.
- Any preexisting prenuptial contracts between the spouses.
- The spouse’s behavior before and during divorce proceedings.
- The custody rights of the spouses if they have children.
- The length of the marriage.
There is a baseline formula that a judge may use to calculate spousal support, but it is possible for this to fluctuate based on the aforementioned factors. The typical formula is 40% of the higher-earning spouse’s monthly income reduced by half of the lower-earning spouse’s income. For example, if the higher-earning spouse makes $10,000 per month, 40% of this would be $4,000. If the lower-earning spouse earns $3,000 per month, half of this would be $1,500. The resulting spousal support amount would be $4,000 reduced by $1,500, resulting in a $2,500 per month spousal support obligation for the higher-earning spouse.
California family court judges also often uphold that spousal support may last up to one-half of the length of time the marriage lasted if the marriage lasted less than ten years. For example, if the marriage lasted eight years, the judge would likely require spousal support for no more than four years. However, if the marriage lasted longer than ten years, the court would maintain jurisdiction over the spousal support order and will have the authority to change the terms of the alimony agreement in light of material changes in either of the ex-spouses’ lives.
Can I Change or Cancel Spousal Support?
Family law offers a unique modification process that allows any party beholden to a family court order to petition for adjustments to the order under certain conditions. This is a much simpler and more straightforward process than an appeal as it does not seek to overturn the initial divorce order, only to modify it based on reasonable factors. For example, if you are paying spousal support to an ex-spouse and suffer a serious injury that prevents you from working and limits your income, you could file a petition for modification and seek early release from your spousal support obligation or a reduced payment amount.
If you believe something has happened that materially influences your existing spousal support order, it is vital to consult an attorney to determine the best approach to this situation. Your Riverside spousal support lawyer can advise you as to how you can approach the modification process and help you draft your petition for modification.
It is also possible for spousal support to end if the receiving spouse engages in any “terminating” actions. These actions generally include remarriage or moving in to live with a new partner. If you believe your ex has committed any type of terminating action, consult your Riverside spousal support attorney as soon as possible to determine whether you should continue paying spousal support. Spousal support ends automatically if the recipient dies.
How to Negotiate Spousal Support
Many divorcing couples in the Riverside, CA area and throughout the country choose alternative dispute resolution to handle their divorce cases instead of traditional divorce litigation, specifically divorce mediation. The mediation process involves both spouses meeting privately with their respective attorneys and a mediator who will help them draft a divorce agreement. This process is generally faster, cheaper, and more agreeable for both spouses, effectively allowing them to keep their divorce case entirely private and achieve a more personalized result.
Mediation unfolds under the guidance and supervision of a neutral mediator who can help the couple reach a mutually agreeable divorce order. When spousal support comes into play in divorce mediation, the two parties can effectively negotiate a personalized spousal support agreement instead of leaving the result entirely in the hands of a judge.
How to Negotiate Spousal Support
Many divorcing couples in the Riverside, CA area and throughout the country choose alternative dispute resolution to handle their divorce cases instead of traditional divorce litigation, specifically divorce mediation. The mediation process involves both spouses meeting privately with their respective attorneys and a mediator who will help them draft a divorce agreement. This process is generally faster, cheaper, and more agreeable for both spouses, effectively allowing them to keep their divorce case entirely private and achieve a more personalized result.
Mediation unfolds under the guidance and supervision of a neutral mediator who can help the couple reach a mutually agreeable divorce order. When spousal support comes into play in divorce mediation, the two parties can effectively negotiate a personalized spousal support agreement instead of leaving the result entirely in the hands of a judge.
Prenuptial Agreements in Divorce
It is also possible for spousal support to be a condition of a prenuptial contract between married spouses. Many couples develop prenuptial contracts for financial security as they begin their marriages. As long as a prenuptial contract is valid and enforceable, a family court judge will likely uphold the provisions included in the contract that pertain to spousal support. For example, it is not uncommon for spouses who draft prenuptial contracts to include a clause that states a spouse forfeits their right to alimony if they are unfaithful. However, California is a no-fault state when it comes to divorce, and judges typically do not consider infidelity unless it resulted in material damage to the faithful spouse. For example, if the cheating spouse spent marital funds on their affair, this may be justification to bar them from receiving alimony.
Talk To A Riverside Spousal Support Lawyer
Every divorce case is unique, and there is really no way to predict the outcome of your divorce case. You can make the process much easier by hiring an experienced Riverside spousal support attorney to assist you in your divorce proceedings. Even if you and your soon-to-be ex-spouse are on relatively civil terms, divorce is still a complex and emotionally taxing process that will be much easier to handle with a reliable and responsive attorney on your side who can look out for your best interests.
If you are preparing to divorce in Riverside, CA and have concerns about spousal support in your divorce agreement, contact the Law Offices of Kathleen G. Alvarado as soon as possible to schedule a consultation with our team.
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