Partnering with a skilled California spousal support attorney during a divorce is crucial, regardless of whether you seek support or may be required to pay it. For those requesting spousal support, an experienced attorney ensures that your financial needs are accurately assessed and that you receive fair compensation to maintain your lifestyle after the divorce. We will advocate for your rights, taking into account factors like the length of the marriage, the income disparity between spouses, and your contributions to the household or career of your partner.
Types of Spousal Support in California
Conversely, if you are potentially obligated to pay spousal support, our knowledgeable attorneys are equally essential to protect your financial interests. We will ensure that the amount and duration of support are fair, based on California’s legal guidelines, and not inflated beyond what is reasonable. We can also help explore modifications or termination of spousal support if your financial circumstances change. Whether you are paying or receiving, our experienced attorneys ensure the spousal support arrangement is balanced, fair, and aligned with your financial situation.
At the Law Offices of David M. Lederman, our dedicated Moraga family law attorneys have represented clients in Contra Costa County, Alameda County, Silicon Valley, the San Francisco Bay Area, and throughout California since 1997.
At our law firm, teamwork is at the core of everything we do, ensuring that we provide customized solutions rather than a one-size-fits-all approwe create tailored strategies that meet each client’s unique needs and goals.
This collaborative effort is essential in all our family law cases, which often involve complex legal issues. By drawing on our team’s diverse specializations, we can tackle intricate problems more effectively and provide well-rounded, strategic representation.
Our firm is dedicated to delivering the highest-quality service, ensuring a dynamic and supportive environment that leads to better client outcomes and experiences. Contact our trusted spousal support attorneys in Moraga today to learn more about your legal and financial rights and options.
Spousal support is not automatically awarded in California; courts consider various factors when determining whether it is necessary and how much should be paid. Some of the critical factors include the length of the marriage, the standard of living during the marriage, each spouse’s income, earning capacity, age, health, and the contributions made by each spouse to the marriage, including non-monetary contributions like raising children or supporting the other’s career.
There are different types of spousal support depending on the situation and circumstances:
Upon separation, the court may award temporary spousal support to one spouse. Guidelines in the law will determine the amount based on income, living costs, and other factors. Note, however, that the earliest date the court may make a spousal support order is when the party seeking support makes his or her request to the court by filing a motion.
Unlike the provision of child support, the court has broad discretion in awarding long-term spousal support. It will base its decision on fairness and equity. Our experienced attorneys can help shape the outcome by presenting compelling evidence and persuasive arguments on our clients’ behalf.
If you want to include spousal support as an element of the overall settlement, our firm will work to achieve that for you.
Alternatively, a couple can opt out of long-term spousal support altogether. It may make sense to negotiate a property division settlement with a buyout or buy-down of support rather than an ongoing spousal support payment. This decision will hinge on financial considerations, the effect of taxation, and the personal preferences of the spouses. We can evaluate your situation and help you make the right decision.
If one spouse has sacrificed a career to allow the other spouse to advance in a job, this may result in a spousal support order. These can be highly complex and contentious cases. Our firm has experience in this area of the law and will work to protect your rights and interests.
Once it has been awarded, the level of spousal support may change if a substantial change in circumstances occurs. In this situation, our firm can seek a modification in spousal support in court.
Each type of spousal support serves a different purpose, and the court carefully considers the circumstances of both parties before deciding the type, amount, and duration of support. Having our experienced attorneys negotiate on your behalf is essential to ensuring that spousal support is fair and appropriate based on your situation.
In California, while child and spousal support serve different purposes, they are closely connected in how they are calculated and applied. Child support is prioritized, and its amount influences the available income for spousal support. Understanding this relationship is crucial for both parties. Working with an experienced attorney ensures that both support types are fairly calculated to protect the financial well-being of spouses and their children.
Spousal support can be waived through a postnuptial agreement. Both parties must sign these agreements voluntarily, and each party’s financial situation must be fully disclosed. Both spouses must have had sufficient time to review the agreement, and it is recommended that both have independent legal counsel to ensure fairness and avoid future disputes.
Yes, spousal support can be modified in California under certain conditions. Either party can request a modification if a significant change in circumstances impacts the financial situation of one or both spouses. However, the ability to modify spousal support depends on several factors, including the terms of the original support order and the nature of the change in circumstances.
That may include, but is not limited to:
A modification of spousal support can be requested when the paying or receiving spouse’s financial circumstances substantially change.
Examples of such changes include:
The party requesting the modification bears the burden of proving that circumstances have significantly changed since the original spousal support order was issued.
All modifications to spousal support must be reviewed and approved by the court. Even if both parties agree to modify or terminate support, they must submit the agreement to the court for approval. If the court finds the proposed modification fair and in line with California law, it will issue a new support order reflecting the changes.
If the spouse receiving support remarries, spousal support typically ends automatically. Additionally, suppose the supported spouse begins cohabiting with a new partner. In that case, the paying spouse can request a modification or termination of support if the cohabitation significantly improves the receiving spouse’s financial situation.
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With over 60 years of experience and nearly 1,500 successfully handled cases, our firm has been recognized for its excellence. Multiple attorneys are certified as Certified Specialists in Family Law by the State Bar of California Board of Legal Specialization. Each family law matter has distinct circumstances, emotions, and legal challenges.
Whether you seek temporary or long-term support, our skilled attorneys will fight for your rights and interests. We understand the complexities of spousal support cases, especially when career sacrifices are involved. We can evaluate your unique circumstances and guide you toward the best decision for your future.
Your financial security is our priority. Contact our spousal support lawyers in Moraga today by calling 925-522-8889 or contacting us online. Let us use the law to obtain the appropriate support level for you.
At the Law Offices of David M. Lederman, our divorce attorneys care about your future. We want to help you make a successful transition to life after divorce by providing you with the answers and solutions you need to navigate the complex landscape of divorce. We will protect your interests to ensure you get the best outcome possible, whether you need help related to custody, visitation, spousal support, domestic violence, or more. Do not delay. Contact one of our divorce attorneys in Moraga.
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