San Diego Divorce Attorneys Blog
Understanding How California Determines Spousal Support Payments
Spousal support can be an important part of your California divorce, helping the spouse with a lower income maintain financial stability during and after separation. It’s important for the paying and receiving spouse to understand how California determines spousal support payments.
The court may award temporary support during the divorce or long-term support following divorce. The length of the marriage, both spouses’ income and earning potential, and other factors will play a role in the court’s decision. Understanding the types of spousal support and calculation methods will allow you to be prepared for negotiation and litigation.
Families today don’t always follow the “Mom-Dad-Kids” template. Around San Diego, you’ll find LGBTQ+ co-parents, polyamorous families, platonic co-parents, cohabiting exes, stepparent blends, and chosen families of every kind. Yet, California’s legal framework, which is built largely for traditional two-parent, biological scenarios, can leave these modern families vulnerable.
Divorce is often talked about as a legal process, referencing a set of documents, court dates, and custody schedules. However, for many adults, divorce can shake their sense of safety, identity, and trust, leaving emotional wounds that feel more like trauma than just heartache. Legally, people tend to focus on the logistical divorce process and assume it is over after these tasks are completed. However, there is a reality to divorce PTSD that affects many divorced individuals.
Many people don’t realize that the attorney/client privilege applies to all attorney/client relationships, even those existing within family law. For instance, when a spouse hires a divorce attorney, they should feel comfortable disclosing the full truth to their attorney without fear that it will be divulged to other parties, even to their spouse’s opposing legal team.
One of the important steps in finalizing a divorce is determining how to divide property between the two spouses. In some cases, the division of property can be simple and straightforward. However, it’s possible for complications to arise. It can be helpful to understand the top five ways to protect your assets during a divorce in California to avoid these situations.
Going through a divorce can be a daunting experience, even if you and your spouse agree on everything. Divorce, or dissolution, is one of three ways to end a marriage or domestic partnership in California, and it can feel overwhelming to go through the process. One of the first questions you may ask yourself is, “Do I have to go to court to get a divorce in California?”
A partner in a long-term unmarried relationship may question their eligibility for financial support like alimony upon the relationship’s termination. California refers to financial support for unmarried partners as palimony. Courts do not automatically award palimony like they do spousal support, and establishing entitlement to palimony in California requires complex legal evidence.
The process of divorce presents unique challenges for married couples of all ages, yet it can be more complex for older couples who pursue what is known as a “gray divorce.” During a gray divorce, older adults face distinct legal and financial situations when they decide to end a long-term marriage due to reasons like growing apart or infidelity. Understanding the legal considerations for divorcing later in life is essential.