We have helped many men and women in the area navigate the California alimony process. If you are seeking spousal support or are concerned that you will have to pay spousal support, we can help. Our experienced Carlsbad spousal support lawyer here at Erica Bloom Law can help you determine what kind of support is best for you and your financial situation. We can help you file for, or defend against, alimony.
California courts use a guideline to determine the amount of spousal support. The guideline takes into account the length of the marriage and the ability of the receiving spouse to become self-supporting. The guideline also factors in the ages of both spouses and their ability to earn money. While the guideline is a helpful tool, the judge has discretion in determining the amount of support. This means that the judge can order above or below the guideline depending on the circumstances of the case.
There are two types of alimony in California: permanent and temporary. Permanent alimony is paid by the higher-earning spouse for a longer period of time, while temporary alimony is paid for a shorter period of time. Courts may order permanent alimony if they find that the receiving spouse lacks the ability to become self-supporting or that the paying spouse lacks the ability to pay the marital obligation.
The full amount of spousal support that someone could expect to pay in San Diego County is never a fixed number. It is instead based on the calculations of a number of different factors. These include:
Age and health are also two major factors that are considered when determining these divorce agreements. California courts will use a standard formula to create a temporary arrangement that makes sense, but it will take a broader stance when assessing what is fair for both spouses in the long term.
A Carlsbad spousal support lawyer can help ensure that their client’s financial needs and contributions during the marriage are represented as accurately as possible in court. They can also see that their rights are not violated in the process.
The 10-year rule for divorces in California serves as a guideline to consider, rather than a single strict rule that must be followed. It indicates that any marriage that has lasted longer than a decade in the state is eligible for an indefinite spousal support consideration.
This does not necessarily mean that permanent support is guaranteed for any spouse who thinks that waiting until the ten-year mark will assure them income for life. However, it does grant them the courtesy of looking into it.
If a couple decides to divorce before ten years of marriage, alimony is typically granted for around half the marriage’s duration. This is an attempt to be fair to both parties and give the lower-income spouse enough time to find ways to earn their own income independently after having been accustomed to living off another’s financial support.
When someone mentions the Rule of 65 in a California divorce, it refers to the informal guidelines that a court may use when determining the exact duration of a spousal support arrangement. This rule becomes really important in scenarios where one spouse might be close to retirement age or has been married for a significant period of time.
The rule is designed to make sure that the lower-income spouse isn’t left financially vulnerable in their later years of life, especially if they:
In these cases, having the knowledge of a Carlsbad spousal support and family lawyer is imperative to make sure that the Rule of 65 in California is properly considered and implemented as necessary. Having legal support can help ensure that the breadwinner of the family is not being taken advantage of financially, while the other spouse has enough resources needed to start the next chapter of their life.
Piling on legal fees can make an already difficult situation even more stressful. However, alimony cases can be complicated, and the right attorney can help you reach a favorable outcome. Whether you are seeking spousal support or are worried that you will have to pay spousal support, an experienced attorney can discuss your options with you and help you reach the best outcome.
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