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.
California Family Court is conscious of the need for assistance and programs that address the issues of domestic violence. At the same time, whenever possible, they want to allow every child to have the opportunity to have a relationship with both parents, despite the presence of domestic violence. The interest of the child must be held paramount to all other considerations, as well as the protection of the child’s primary caregiver.
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.
Leaving an abusive spouse through divorce represents one of life’s most challenging and hazardous decisions. Any type of abuse becomes more dangerous when the victim decides to leave the abusive situation. California provides legal protections and resources that assist individuals in navigating this process with maximum safety. Below are some safety tips when divorcing an abusive spouse in California.
In some cases, individuals may seek an annulment due to fundamental issues that render the marriage legally invalid. Understanding the legal grounds for annulment in California is essential for those seeking to dissolve a legally invalid marriage.
In California, ‘legal separation’ means that a married couple can live independently without fully and formally dissolving their marriage. There are some benefits and disadvantages to obtaining a legal separation. A seasoned attorney who is familiar with legal separation cases can further discuss all options for dissolving a relationship.