Am I Required to Pay Spousal Support in California?

Spousal support, or alimony, isn’t mandatory following a California divorce. Yet, divorce is a complicated process, and if one partner makes more money than the other, a California court may require alimony payments. Post-divorce settlements may call for spousal support that impacts your finances over the long term. A knowledgeable family law attorney can help discuss specific spousal support requirements in California.

What Is Spousal Support?

Spousal support is a support payment one spouse makes to the other following formal divorce proceedings, usually through a California divorce settlement or trial. If one spouse makes more income, spousal support settlements attempt to provide sufficient support to the spouse earning less, which usually lasts until they become financially self-sufficient.

Does California Require Spousal Support Payments?

Spousal support is not required for every California divorce matter. Whether it is awarded depends on several factors. If it is ordered, the court usually determines a start date for payments upon dissolution of the marriage.

An experienced family law attorney can comprehensively explain your legal rights and any potential obligations for either a California divorce or legal separation.

What Amount of Spousal Support Can I Expect to Pay?

You may not be required to pay spousal support post-divorce in California. Whether a spouse gets alimony and the amount they may receive is decided by reviewing the following:

• Standard of living – Spousal support payments are determined based on the couple’s standard of living during their marriage, as alimony payments are usually calculated to provide for both spouses and allow them to maintain their accustomed standard of living until the lower-earning partner can maintain their own living needs.
• Length of the marriage – A longer marriage may mean spousal support payments can be provided over a longer period of time.
• Earning capacity – The potential income one partner can earn depends on factors like their age, education, and prior work experience.
• Emotional state and health needs – If one spouse has any complications with their health or ability to earn an income, spousal support payments might be provided in order to assist with their living expenses.

If so inclined, you may be able to argue against paying spousal support in California.

Is It Possible to Avoid Making Alimony Payments in California?

If a California court orders you to pay alimony, you must pay them. However, you can potentially avoid being ordered to pay alimony during your formal proceedings if you:

• Build a strong argument that payments are not necessary in your circumstances since they are not automatically awarded.
• Prove your spouse has already moved on to another relationship and may have already begun splitting living costs with another romantic partner, so they don’t need financial help from you.
• Have a prenuptial agreement that sets parameters for a divorce from the marriage’s start, particularly if you started your marriage with a higher salary or more substantial assets than your spouse.
• Keep in mind that a balanced California divorce settlement typically focuses on equity for both spouses, and a compromise (even one without alimony) might be possible.
• Retain the right lawyer for your divorce proceedings. A knowledgeable California attorney with experience in family law and divorce proceedings is crucial.

A seasoned California divorce attorney can address the potential factors courts usually consider when determining whether to order spousal support post-divorce.

Do I Need a California Attorney for My Spousal Support Case?

An attorney can help tailor specific successful strategies to your individual case and discuss whether you can avoid paying alimony. An attorney can:

• Provide extensive legal knowledge and peace of mind
• Help draft legal documents
• Negotiate your divorce proceedings
• Gather relevant evidence
• Help tailor your winning case

Family law can be overwhelming, and it’s crucial to consult an experienced California spousal support lawyer.

FAQs

Q: How Much Spousal Support Do Most People Pay in California?

A: Every divorce proceeding is different, and the amount people pay for spousal support in California depends on the state law, the presiding judge, and other factors the courts consider when determining the amount of spousal support to award. An experienced family law attorney can determine the estimated amount you may be required to pay in spousal support for your California divorce or legal separation matter.

Q: How Can I Stop Paying Spousal Support in California?

A: If you want to stop paying spousal support in California, you must get an order from the court to allow you to terminate or adjust the amount of spousal support you are currently paying. You might be required to provide proof of any significant changes in your spouse’s financial or residential circumstances.
An attorney can discuss the requirements for the court order, suggest new spousal support terms, and answer any pending questions you might have.

Q: Can Spousal Support Be Waived in California?

A: In California, you are allowed to waive spousal support if the support was waived before the marriage. If the parties complete a written, enforceable prenuptial agreement, spousal support can be waived. However, in order for the support waiver to be enforceable, both parties must have retained an attorney and been of sound mind when executing the prenuptial agreement.
A knowledgeable California attorney can discuss potential waivers for spousal support and address your enforceability questions.

Q: How Much Does a California Spousal Support Attorney Cost?

A: In California, the cost to hire an attorney for a divorce case can vary. An attorney’s fee agreement is usually based on the case’s complexity and their level of experience handling similar divorce matters. If you’re considering a specific family law attorney, it’s crucial to ask about their written fee agreement at your initial consultation.

Schedule a Consultation to Discuss Spousal Support With Experienced Attorneys Today

The attorneys at the law firm of Bickford Blado & Botros can discuss spousal support and your legal rights and obligations under California law. When you work with our experienced legal team, you can expect knowledgeable and timely advice as we assist you with your family law matters. Please contact us right away to set up an initial consultation to discuss your individual case and your goals for a successful resolution.

Feel Free to Contact Our Office with Any Questions

858-793-8884