Murrieta CA Spousal Support Attorney
Fighting for a Secure Future for You and Your Loved Ones
Also known as "alimony," spousal support payments can be an extremely contentious matter to discuss during or after the divorce process. However, it’s important to make sure that your rights are upheld in this period of time.
With a Murrieta spousal support attorney from the Law Offices of Michael D. Iverson, APC on your side, you can be sure that your case will be handled with the utmost attention to detail and with a focus on pursuing the best possible outcome on your behalf.
Need help with spousal support matters?
Contact us today at (951) 418-2770 for experienced guidance and a consultation.
Understanding Spousal Support and Alimony in Murrieta
Spousal support—in some cases also referred to as permanent alimony—is calculated based on a number of factors.
Key Factors in Calculating Spousal Support Payments:
- Age of the spouses
- Health of the spouses
- Length of the marriage
- Financial needs of the spouses
- Marital standard of living
- Marketable skills of the supported spouse
- Earning capacity of the supported spouse
- Potential difficulties in finding employment for the supported spouse
In some cases, the supported spouse has been through a long term of unemployment so they could devote time to the household and the raising of children. This and other similar factors are understood and considered by the court when determining temporary or permanent spousal support.
What is the California 10-Year Rule?
In California, marriages that lasted 10 years or more are considered marriages of long duration. This means that the court is unable to set a defined termination date for spousal support. This does not mean, however, that spousal support must go on indefinitely after divorce or separation. The court can set a date by which the supported spouse must apply to extend the support, or the support will be terminated. Should you have any further questions on alimony, please contact us today!
For marriages lasting less than 10 years, spousal support typically does not last beyond a time that is equivalent to half the length of the marriage.
Types of Spousal Support in California
- Temporary Spousal Support
Temporary spousal support is granted during the divorce process to help the receiving spouse maintain their standard of living while the divorce is pending. It is typically awarded early in the divorce and continues until a final judgment is made. This support helps provide financial assistance to the spouse who may be at a disadvantage while the divorce is ongoing. - Permanent Spousal Support
Permanent spousal support is awarded after the divorce is finalized and can continue indefinitely or for a set duration. It is commonly granted in long-term marriages where the supported spouse is unable to support themselves financially. The court considers factors like the length of the marriage and the recipient’s ability to support themselves when determining permanent support. - Rehabilitative Spousal Support
Rehabilitative spousal support is designed to help the receiving spouse become financially independent. This type of support is temporary and is typically granted when the spouse needs assistance while obtaining education or training to re-enter the workforce. The goal is for the receiving spouse to achieve self-sufficiency within a reasonable time frame. - Lump-Sum Spousal Support
Lump-sum spousal support is a one-time, large payment made instead of ongoing support payments. This option is considered when the paying spouse prefers to settle the matter with a single payment, which is often lower than what would be paid over time. This can eliminate future financial obligations and provide the recipient with immediate funds.
Modifying Spousal Support
- When Modifications Are Possible
Modifications to spousal support may be requested when there are significant changes in either spouse’s life, such as job loss, illness, or changes in living conditions. These adjustments ensure that spousal support remains fair and reflects the current financial situation. - How to Request a Modification
To request a modification, the spouse must file a motion with the court. The court will review the circumstances and determine if a modification is justified. Evidence, such as changes in financial circumstances, will be needed to support the request. - Enforcing Spousal Support Payments
If the paying spouse fails to comply with the support order, the receiving spouse can seek enforcement. The court has various methods for enforcement, including wage garnishment, asset seizure, and in extreme cases, jail time.
Factors That Influence Spousal Support in Murrieta
- Income Disparity Between Spouses
The difference in income between the spouses plays a significant role in determining spousal support. A large income disparity is likely to result in support being awarded to help balance the financial situation between both parties. - Ability to Pay
If the paying spouse claims they can’t afford to pay support, the court will assess their income, financial obligations, and overall ability to pay. This ensures that spousal support is fair and reasonable for both parties. - Spousal Conduct
In some cases, spousal conduct, such as adultery or abuse, can affect the court’s decision regarding spousal support. Although not always a factor, misconduct may influence the outcome if it has had a significant impact on the marriage.
Understanding these types of spousal support and factors involved can help you navigate the complexities of spousal support decisions in Murrieta. If you need assistance with your case, it’s important to seek guidance from an experienced attorney who can help you achieve a favorable outcome.
What is the California 10-Year Rule?
In California, marriages that lasted 10 years or more are considered marriages of long duration. This means that the court is unable to set a defined termination date for spousal support. This does not mean, however, that spousal support must go on indefinitely after divorce or separation. The court can set a date by which the supported spouse must apply to extend the support, or the support will be terminated. Should you have any further questions on alimony, please contact us today!
For marriages lasting less than 10 years, spousal support typically does not last beyond a time that is equivalent to half the length of the marriage.
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Frequently Asked Questions About Spousal Support in Murrieta, CA
- What factors determine the amount of spousal support?
The amount of spousal support is determined by several factors, including the length of the marriage, the standard of living during the marriage, the financial needs and abilities of both spouses, and the recipient's ability to support themselves. The court also considers the recipient's age, health, and marketable skills. - Can spousal support be waived?
In some cases, spousal support can be waived if both spouses agree in writing. However, this agreement must be approved by the court. It’s essential that both parties fully understand their rights before waiving spousal support. - How long will I have to pay spousal support?
The duration of spousal support varies depending on factors like the length of the marriage and the recipient's ability to become financially independent. For short-term marriages, spousal support is usually awarded for a period equal to half the length of the marriage, whereas long-term marriages may result in ongoing or permanent support. - Can spousal support be modified if circumstances change?
Yes, spousal support can be modified if there is a significant change in circumstances, such as a substantial increase or decrease in either spouse's income, illness, or change in the needs of the recipient spouse. A motion must be filed with the court to request a modification. - What happens if the paying spouse refuses to pay spousal support?
If the paying spouse refuses to make spousal support payments, the receiving spouse can seek enforcement through the court. The court can take measures like wage garnishment, asset seizure, or other legal actions to ensure the support payments are made. - Can spousal support end if the recipient remarries?
In California, spousal support typically ends if the recipient remarries. However, it is important to clarify this in the divorce settlement or court order, as remarriage may not automatically terminate the obligation without a formal agreement or court ruling. - Does the court consider my spouse’s misconduct in awarding spousal support?
While California is a no-fault divorce state, the court may consider misconduct, such as domestic violence or abuse, if it has affected the financial situation of the spouses or the marriage. However, misconduct alone is not typically a determining factor for spousal support.
Contact an Experienced Spousal Support Lawyer in Murrieta
Attorney Michael D. Iverson has made a name for himself as a trusted Murrieta spousal support attorney. In fact, he received the 10 Best Attorney in Client Satisfaction award from the American Institute of Family Law Attorneys in both 2017 and 2018. When you choose the Law Offices of Michael D. Iverson you can trust that your case is in good hands and that you will be updated every step of the way. All of our initial consultations are 100% confidential.
Have questions about spousal support?
Contact us now at (951) 418-2770 to discuss your case with an experienced attorney
At the Law Offices of Michael D. Iverson, the founder of our respected law firm brings many years of successful service, legal knowledge, and client focus to a shared belief in your goals.
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Facing a legal family matters or divorce is stressful, but you do not have to go through this on your own. Take the first step and contact the Law Offices of Michael D. Iverson, APC today to learn more.