When a divorce occurs, one of the many factors a couple must take into consideration is spousal support. While spousal support is not required in every case, it is becoming increasingly more common here in Palm Springs, California. Whether you’re unsure if you’re eligible for spousal support or you disagree with the decisions that are being made in your case, finding an experienced family law attorney, like Attorney Athina K. Powers, can help your case immensely.
If you’re going through a divorce and spousal support becomes an issue, don’t wait to see how our team may be able to assist you. As a California State Attorney and a Certified Fraud Examiner (CFE), Attorney Athina K. Powers has gained extensive knowledge, experience, and skills that have helped her aid clients across California with their family law issues. With over thirty years of experience practicing the law in California, no other attorney can represent you with the care, knowledge, and expertise that she offers. When it comes to spousal support issues in Palm Springs, you can trust the Law Offices of Athina K. Powers to find solutions for you.
Spousal support, commonly referred to as alimony, is a form of financial support that is ordered by the court in some cases of divorce. Alimony is not required in every divorce case and is typically determined after the court considers a variety of factors, such as the incomes and needs of both parties. Spousal support is most commonly awarded if one spouse brought in the majority of or all the income in their relationship. This way, the spouse who brought in less money is given some time and support to work towards sustaining their own finances.
Alimony in California is not affected by gender and mostly focuses on the difference in incomes between spouses. This means that either spouse can ask for alimony when getting divorced if one spouse is making more than the other. If alimony is requested, then the higher-earning spouse will most likely be required to pay for a set period.
The amount of time you are required to pay spousal support depends on a few different factors, one of the most important being how long the marriage lasted. If a marriage lasted 10 years or less, your alimony payments can’t last longer than half of the length of your marriage. For example, a couple that was married 8 years and divorced would be eligible for up to 4 years of spousal support payments. If your marriage lasted longer than 10 years, the court considers it to be long-term. When this occurs, there is no set limit on how long alimony can be paid because the court will hold jurisdiction over the case indefinitely. For example, if a marriage lasted 18 years and one spouse was awarded 9 years of alimony, they can try to extend it after the 9 years because they were in a long-term marriage and the court’s jurisdiction over the matter is indefinite.
The amount you pay in spousal support is determined by a variety of aspects. The court will not only take into consideration the incomes of both spouses and their relative needs, but they’ll also look at the classification of your relationship. Whether or not your relationship is considered long-term or short-term heavily affects how much you will be required to pay.
Spousal support that is granted in a case where the marriage was considered short-term (10 years or less), is known as temporary alimony. In most temporary alimony cases, payments last about half the length of the marriage or less. While every case is unique and payments can vary based on circumstance, most California courts use a common formula when calculating the amount that will be paid. This formula takes 40% of the higher-earning spouse’s net income from one month and then subtracts 50% of the lower-earning spouse’s net income from one month to give you the total of temporary support that must be paid. The final amount that you will pay or receive in temporary spousal support is ultimately up to the court.
Long-term alimony, sometimes referred to as indefinite or permanent alimony, can last as long as a court allows. Because of the time frame of long-term alimony, payments are determined a bit differently than in temporary cases. This is because there is no set formula or method used to determine the amount paid for long-term alimony. Instead, judges will look at the incomes of both partners, the needs of both partners, if children are involved, the age of both spouses, and more personal details, to determine an amount that fits the circumstances correctly.
Going through any kind of family law case on your own can be difficult, but it’s especially helpful to hire a practiced attorney when dealing with spousal support. An experienced family law lawyer, like Attorney Athina K. Powers, can work with you to ensure your interests are voiced throughout your case. An attorney can help you better understand the laws around spousal support and work with you to create a solution that works best for your situation. In addition to helping you navigate your case, a spousal support attorney can use their knowledge and negotiation skills to make sure your case remains fair. Spousal support cases are often full of disputes and sometimes even sneaky tactics, which makes having an experienced lawyer who is fighting for the best possible outcome for you critical.
At the Law Offices of Athina K. Powers, we are committed to helping Southern California residents get through difficult family law matters. If you are looking for expert representation for a spousal support case in Palm Springs, don’t wait to reach out to our team. To learn more about our services, contact us today.