Torrance Spousal Support Lawyer
If you are seeking spousal support or have found yourself involved in a complex alimony case, turn to Michael D. Shook, Attorney At Law. With over three decades of experience handling family law matters, Attorney Shook has the know-how to guide and advocate for you.
Receiving or paying spousal support can significantly impact a person’s life, especially in a place like Los Angeles County, where everyday expenses continue to increase year over year. Let seasoned Torrance spousal support attorney Michael D. Shook fight for what is fair for you and your family.
Contact us at (310) 361-2977 or fill out this online form for a complimentary consultation on spousal support
What Is Spousal Support?
Spousal support, also known as alimony, is a court-ordered payment that one party must make to another during or after divorce. Additionally, courts may order spousal support in legal separation and domestic violence cases that involve a restraining order. The purpose of these payments is to maintain both parties’ living conditions and standards.
There are two types of spousal support:
- Temporary Support: A spouse may pay or receive this support during divorce.
- Long-Term Support: A judge may order a person to pay spousal support for a period that the judge deems fair.
Do I Have to Support My Wife After Divorce?
In California, there is no automatic obligation to support your spouse after a divorce unless a court determines that spousal support is appropriate based on the factors outlined above. Spousal support is not guaranteed and is determined by the court after considering both spouses’ financial needs, earning capacities, and other factors.
You may not be required to support your wife after divorce if she can financially support herself or if the marriage was brief. Additionally, if you have been the primary earner and your wife has the means to become self-supporting, the court may award limited or no alimony. However, if the court determines that your wife requires financial assistance and you have the ability to pay, you may be obligated to provide support.
Is There a Formula for Spousal Support in California?
Judges take different approaches to determining temporary and long-term spousal support. When calculating temporary support, a judge will endeavor to sustain the parties’ living standards during the divorce process. Judges often use a formula that subtracts 40% of the monthly income of the spouse who makes more money from 50% of the monthly income of the spouse who earns less. A judge can deviate from the amount this formula yields when circumstances call for it.
For permanent support, judges will account for various factors to determine who pays support, how much, and for how long.
Factors influencing long-term support decisions:
- Length of the marriage.
- Spouses’ incomes and earning capacity.
- Lifestyle during the marriage.
- Children's needs and their impact on support.
- Contributions to the marriage.
- Age and health of both spouses.
- Time needed to become self-sufficient.
Is it Possible to Modify Spousal Support?
The terms of a long-term spousal support order are not irrevocable. Should a person’s employment status, earnings, or needs change, they request to alter the spousal support order.
Additionally, judges may include provisions in their order for changes in spousal support or its end. For example, they could schedule payments that decrease over time or include terms ending spousal support payments when the receiving party finishes schooling, becomes self-supporting, or meets another condition.
What is the Average Spousal Support in California?
The amount of spousal support in California varies widely depending on the circumstances of each case. There is no fixed “average” amount because the court considers multiple factors when determining support.
The average spousal support amount in California varies significantly depending on the circumstances of each case, including the length of the marriage, the incomes of both spouses, and other factors. However, a general estimate for temporary spousal support (paid during the divorce process) can range from 30% to 40% of the higher-earning spouse’s net income, after deducting taxes.
For long-term spousal support, the amount is more difficult to determine as it depends on factors like the length of the marriage and the recipient's financial needs. In high-asset cases, spousal support could be several thousand dollars a month, while in cases where both spouses have similar incomes, the amount may be much lower.
How to Pay Spousal Support in California?
Generally, a court-ordered earnings assignment allows spousal support payments to come directly from a person’s paycheck. Those paying spousal support can request to cancel an earnings assignment when they cannot afford the support payments. A person may also cancel an earnings assignment and pay support via another method if they do not have past-due payments and have consistently paid support on time.
What Voids Alimony in California?
There are several circumstances in which spousal support may be modified or terminated in California:
- Remarriage of the Recipient Spouse: If the spouse receiving alimony remarries, the obligation to pay spousal support typically ends.
- Cohabitation: If the spouse receiving alimony begins living with a new partner in a relationship that resembles marriage, the paying spouse can request a modification or termination of alimony based on the assumption that the recipient spouse’s financial needs have been reduced due to cohabitation.
- Death of Either Spouse: If either the paying spouse or the receiving spouse dies, the obligation to pay spousal support ends.
- Significant Change in Financial Circumstances: If there is a significant change in the financial circumstances of either party (e.g., loss of job, significant increase in income, or the recipient spouse becomes self-sufficient), either party can request a modification of the spousal support order. The court may then adjust the amount or duration of support accordingly.
- Failure to Comply with Court Orders: If the recipient spouse is found to be hiding income, engaging in fraudulent activities, or violating court orders, this could result in the termination or reduction of spousal support.
A Torrance spousal support lawyer can help clarify whether a particular event may modify or void an alimony order in your case and help guide you through any necessary legal actions.
What Disqualifies You from Spousal Support in California?
In California, there are several factors that could disqualify a spouse from receiving spousal support (also known as alimony) after a divorce:
- Short Marriages: In shorter marriages, typically lasting less than 10 years, spousal support is often limited. If the marriage was brief, the likelihood of receiving long-term spousal support decreases, though it can still be awarded based on other factors like financial need or disability.
- Self-Sufficiency: If the spouse requesting support is able to become financially self-sufficient within a reasonable time frame, they may not qualify for long-term spousal support. The court typically expects the spouse receiving support to take reasonable steps to become independent.
- Adultery or Misconduct: While California is a "no-fault" divorce state, meaning that the court does not consider the cause of divorce when awarding spousal support, in rare cases, allegations of marital misconduct like adultery or abuse could influence the court's decision on spousal support, especially in cases where one spouse’s actions caused significant financial harm to the other.
- Failure to Cooperate or Provide Full Disclosure: If a spouse fails to disclose financial information fully or cooperates in the divorce process, they may be penalized, potentially affecting their eligibility for spousal support.
- Domestic Violence Convictions: If one spouse has a history of domestic violence, the court may deny spousal support to the abusive spouse or award higher support to the victim. A conviction of domestic violence can weigh heavily in the court's decision.
How a Torrance Spousal Support Lawyer Can Help
Navigating the complexities of spousal support in California requires a deep understanding of family law, as well as a comprehensive approach to your unique circumstances. Whether you are seeking spousal support or fighting against an unreasonable support order, having an experienced Torrance spousal support attorney by your side can make all the difference.
Your lawyer will guide you through the process of calculating support, ensuring that all factors are taken into consideration. They will also advocate for your rights during settlement negotiations or in court, striving for an outcome that aligns with your financial situation and goals. If you are facing the prospect of spousal support or need help modifying an existing order, a Torrance spousal support lawyer is crucial to achieving a fair and just result.
Questions About Spousal Support? Consult Our Spousal Support Attorney in Torrance
Do you have questions about paying or receiving spousal support? Do not hesitate to reach out to Michael D. Shook, Attorney At Law. He is ready to assist clients in navigating legal matters involving spousal support. To discuss your situation and your options for seeking a fair outcome to your case, contact our office. These initial meetings are free, so there is no reason not to speak with a skilled Torrance spousal support lawyer.
Call (310) 361-2977 today.