Spousal Support

Spousal Support

If you and your partner have decided to separate, you may be entitled to receive financial support each month. If you are married, then the court may order either you or your spouse to pay spousal support, also known as alimony. Resolving spousal support issues can be a complex legal matter; therefore, it is imperative that you retain the services of an experienced San Diego family law attorney as soon as possible. Your attorney will be able to help you understand spousal support, calculate spousal support, and prepare the necessary court forms to acquire spousal support.

Obtaining Temporary Spousal Support

In some situations, a judge can grant temporary spousal support to be paid to you while the divorce case is being resolved. Temporary spousal support may be critical to paying your bills, keeping your house, and avoiding unnecessary debt during your divorce proceedings. Divorce cases can take years to become finalized and an experienced San Diego divorce lawyer can petition the court for temporary spousal support.

Calculating Spousal Support

When determining the final amount of spousal support, a judge must consider the factors in California Family Code section 4320. These factors include:

• The length of the marriage
• The needs of each spouse based on the standard of living they had during their marriage
• The earnings of each spouse
• Whether a job would make it difficult to care for the children
• Age of both spouses
• Health of both spouses
• Debts and assets of both spouses
• Whether one spouse was directly responsible for helping another spouse obtain education, training, or a professional license
• Instances of domestic violence
• Whether one spouse’s career was affected by taking care of children
• Tax impacts of spousal support
• Marketable skills of each spouse
• And more

Enforcing and Changing Spousal Support

Once a court orders your spouse to pay spousal support or alimony, he or she must comply with the court’s instructions. Failure to pay spousal support is unacceptable and can have serious legal consequences. If the court determines that your spouse is able to pay support but he or she fails to do so, the court can hold your spouse in “contempt of court” and a warrant could be issued for his or her arrest. This is often used as last resort, when all other enforcement tools have failed.

There are times when a spousal support order must be changed. If a spouse’s financial situation changes, he or she loses their job, or the spouse receiving the support no longer needs it, you can ask the court to change the spousal support order.

Shana Black – On Your Side

Shana Black understands the complications that can arise during a San Diego divorce. Determining spousal support is a necessary and often difficult issue that arises in divorce cases. Whether you need to petition the court for temporary spousal support, alter an existing spousal support order, or enforce a spousal support agreement, Shana Black in on your side. She has successfully represented numerous divorcing couples and their families through their divorce proceedings. Call 1-619-557-0122 or email info@shanablack.com to learn more about all of your spousal support options.