Alimony Attorneys in Los Angeles, California
When couples divorce, they are forced to face the challenges of splitting their finances. Often, during a marriage, one spouse financially supported the other, leaving the dependent spouse facing serious hardship upon separation. Whether you are the spouse requesting support or you are trying to avoid providing support for your ex, the Zitser Family Law Group, APC, is on your side. To discuss your situation with a legal team you can trust to handle your matters confidentially, efficiently, and with your best interests at the forefront, contact Zitser Family Law Group, APC today. The Los Angeles spousal support lawyers at our firm can strive for a fair support order.
Understanding Spousal Support in California
Spousal support can be intricate in California, especially with high-asset divorces. At Zitser Family Law Group, APC, we can explain the complexities and guide you through the process. While each divorce is wholly unique, it is important to understand the general spousal support process.
Spousal support (commonly referred to as alimony) may be awarded in the event of separation or divorce. California courts examine a broad range of factors when determining spousal support. Under California Family Code § 4320, there are particular codified factors that a judge can use in making such an award. Our office is committed to pointing out such necessity and analyzing every factor as applied to your unique circumstances.
There are a number of different factors considered in an alimony award. When one party has been the sole “bread-winner” in the marriage and the other has grown dependent on that support, such circumstances may indicate that an award of spousal support is warranted. All the relevant facts and circumstances must be articulated to the judge making the determination to ensure that you obtain the most appropriate and fair result possible. With the help of an experienced attorney, we can ensure that no arbitrary decisions are made.
California courts consider several factors when determining a couple’s spousal support amount. While it can be difficult to change a court’s spousal support decision after it is made, it is important to understand the factors determining the decision, including:
- Length of the marriage. Generally, the longer the marriage, the longer spousal support lasts. Despite this, shorter marriages can also qualify for spousal support.
- Income disparity. Courts evaluate the income differential between spouses, which can include not just salaries but also investment income and business ownership.
- Maintaining a standard of living after the marriage. In high-asset cases, maintaining a standard of living can include providing funds for expenses related to a luxurious lifestyle.
- Needs of each spouse. Needs include housing costs, supporting elderly parents, healthcare expenses, and childcare obligations.
- Earning capacity of each spouse. Earning capacity includes education, work experience, job training, inherited assets, business ventures, and trusts.
- The age and health of each spouse can be important because a younger spouse with good health may expect to re-enter the workforce sooner, while an older spouse may necessitate ongoing financial support.
Types of Support Orders in California
There are two types of awards: temporary and permanent support. As each case is unique, each determination of whether to award temporary or permanent support is different. One main indicator is the standard of living achieved during the marriage and prior to the separation. If during the marriage, lavish homes, luxury cars, frequent vacations, and other luxuries are present, the standard of living is considered to be high and should be taken into consideration when determining the amount and nature of spousal support. A judge will examine this standard of living as a guide and then determine whether it is sustainable, given the need and earning capacity of each party.
Modification of Support Orders
A support order can be modified or completely terminated. The two main guiding points are whether the party receiving support still maintains such a need and whether the supporting party can still do so without suffering harm. As the awarding judge is given considerable discretion in making an award, it is up to the appealing party to show that the circumstances have changed since the award to justify a modification. The obliged party suffering financial ruins may give weight to this argument.
An additional consideration is an independent duty for the dependent party to make a good faith effort towards becoming self-sufficient. Typically, this involves looking for a job or an alternative means of income. A judge will consider the effort put forth by the receiving party to see if they are making a good-faith effort. In cases where the issues are more complicated, we enlist reputable vocational experts, experienced in the family law courts. We will ensure that these individuals are retained to put forth the best argument on your behalf.
As previously mentioned, these support orders may be terminated. This can be at the discretion of the court who is reviewing the initial order or through fixed-term support orders. In addition, the remarriage of the party receiving support may trigger termination of the initial support order. You must have an attorney familiar with the terms and conditions of the support order who will fight for your behalf in the event such an order is appealed.
FAQs
Q: What Disqualifies You From Alimony in California?
A: No aspects automatically disqualify anyone from alimony in California, but there are several factors courts consider when determining the eligibility and amount. These factors can include both parties’ earning capacity, the number of years the couple was married, and their standard of living while married.
Courts will likely refrain from awarding spousal support when the supported spouse’s financial situation allows them to maintain a similar lifestyle without assistance.
Q: What Is the Average Spousal Support in California?
A: California does not mandate fixed spousal support, so the average amount can vary depending on the situation. Instead, judges consider various factors to determine what they believe is fair and reasonable. For high-asset divorces, financial complexity often necessitates intense efforts to decide on a fair amount. If you are in this situation, you should seek skilled legal representation.
Q: How Long Do You Have to Be Married to Get Alimony in Los Angeles?
A: Los Angeles has no minimum or maximum marriage length requirement when determining alimony. While the duration of your marriage is a factor, a general rule is that the longer the marriage, the greater the likelihood that a spouse will receive spousal support if the conditions are right. Additionally, when one spouse significantly reduces their earning capacity to support the other spouse or their family, spousal support is often awarded.
Q: What Is the Difference Between Spousal Support and Alimony in California?
A: There is no difference between spousal support and alimony in California. These terms refer to the same things. Spousal support and alimony are both terms used to describe financial payments made from one spouse to the other after a divorce or legal separation.
These payments intend to provide financial assistance to help maintain the lower-earning spouse’s standard of living after the finalization of a divorce. The length of time a former spouse pays depends on the circumstances of the former marriage.
Contact a Los Angeles Family Law Attorney
At Zitser Family Law Group, APC, we understand how challenging matters related to spousal support can be, regardless of which side you are on. When it comes to spousal support, time is of the essence. A complex fact-finding process must take place to thoroughly apply the relevant aspects of your unique circumstances to the many factors the court is required to take into consideration. Contact our office today to discuss setting up an initial consultation. The sooner you act, the sooner you can make a case for what you rightfully deserve.
