Paying or receiving spousal support can impact you and your family for years after your divorce is over, and that’s why you need a San Diego spousal support lawyer who can advocate for your interests and fight to secure a fair divorce settlement. Our lawyers at Andy Cook Law are just that. For decades, they have helped thousands of individuals and families settle complicated, high-stakes spousal support disputes. You can trust our attorneys and office staff to provide an unparalleled level of service.
Do not leave your case up to chance or an inexperienced or under-qualified lawyer. Schedule a free consultation with our firm today. All it takes is a phone call or message online to set up yours. We can conduct these meetings virtually or in person, which makes starting with one of our San Diego spousal support lawyers simple.
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Andy Cook is a Certified Family Law Specialist (CFLS), which is a distinguished title given by the State Bar of California’s Board of Legal Specialization to attorneys who show incredible mastery when it comes to family law.
To achieve CFLS status, attorneys need to meet very strict standards, like:
Obtaining CFLS certification is a mark of distinction, and Andy Cook Law is a proud recipient of this honor, so don’t just hire a family law attorney; hire Andy Cook Law, CFLS.
To speak with our experienced San Diego child support lawyers, give us a call at 619-515-9900 or contact us online today.
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Spousal support is either temporary or long-term. Temporary arrangements provide financial support during the divorce process. As its name implies, long-term support involves payments made or received for an extended period.
You may request spousal support as part of a divorce, legal separation, or annulment. Additionally, you can seek spousal support as part of a domestic violence restraining order (DVRO). Courts determine whether payments are justified and how much they should be using a formula that accounts for factors like your and your spouse’s earning potential.
Other factors include:
California has strict laws to ensure that spousal support payments are made on time and in full. The state can garnish wages, put a lien on property or assets, and even suspend driver’s or professional licenses. In cases where a spouse continuously fails to make spousal support payments, they may face significant fines or jail time.
If you have not received adequate support or have been subject to penalties because of an unfair agreement, contact us. Our CFLS San Diego spousal support lawyers can assist with all kinds of enforcement matters and help you get what is fair.
In California, when a spousal support recipient remarries, the paying spouse’s obligation to provide ongoing support generally ends. The court assumes that a remarried individual now has access to a new source of financial support and is therefore less likely to need ongoing support from their former spouse. It’s essential for both parties to be aware of this rule, as it helps both parties move on financially and encourages long-term independence.
However, spousal support payments do not stop automatically; the payor must file a motion to request termination of payments if the recipient remarries. If payments continue beyond the remarriage, they may not be recoverable unless the payor takes steps to officially modify or end the support order through the court. It’s also important to consider that if spousal support is part of a lump-sum payment arrangement or structured differently in a prenuptial or postnuptial agreement, remarriage may not terminate support automatically. Additionally, if both parties agree to continue payments despite remarriage, they may be able to create an alternative arrangement. Consulting with an attorney — especially a CFLS attorney — is highly advisable in these scenarios to clarify how remarriage affects individual support agreements and the required steps for legal modification or termination of support.
California law provides for two primary types of spousal support: temporary and permanent. These distinct categories serve different purposes and apply at different stages of the divorce process, each with specific guidelines for how they are awarded and modified.
Temporary spousal support is awarded during the divorce proceedings and serves as a short-term financial aid for the spouse with fewer financial resources. The purpose is to ensure that both parties maintain a reasonably comparable standard of living while the divorce is pending. Temporary support is typically calculated based on a standard formula that considers both spouses’ incomes and monthly expenses. It remains in effect only until a final divorce judgment is issued. Temporary spousal support can vary widely in amount based on the immediate financial needs of the lower-earning spouse and can be terminated or modified as circumstances change during the divorce process.
Permanent spousal support, despite its name, is not necessarily lifelong. Instead, it refers to the final spousal support order determined in a divorce decree, which takes effect after the divorce is finalized. The court awards this type of support based on a comprehensive assessment of factors, including the length of the marriage, the recipient’s need for support, the payer’s ability to provide it, each party’s standard of living, and the impact of any domestic responsibilities on the recipient’s earning potential. Unlike temporary support, permanent support is designed to help the lower-earning spouse become self-sufficient or maintain a lifestyle comparable to that during the marriage.
Understanding these types of spousal support and their implications can help you prepare for the divorce process and manage expectations for the financial obligations involved. At our firm, we work with clients to navigate these issues, ensuring they understand their rights and options under California law.
Divorce is complicated, and spousal support is one of the trickier aspects of it, so while no one likes to think about it, understanding the factors that influence spousal support decisions can help you go into the process with your eyes wide open. Some of the things that can influence spousal support include:
Spousal support in California isn’t a one-size-fits-all deal, but knowing what goes into the decision can help you prepare, whether you’re the one asking for support or the one paying it. As always, a good lawyer can make all the difference in navigating the process and ensuring you’re treated fairly. So, don’t worry — just contact Andy Cook Law and trust the process.
With Andy Cook’s credentials as a CFLS attorney and our depth of experience, you can trust us to negotiate a fair spousal agreement.
We may employ the following strategies:
These are just some of the things we might do to secure a fair agreement. Our strategy for you will be tailored to your goals and needs. To us, nothing except personalized, superior services is acceptable. We have been a leading Southern California family law firm since 1995 for a reason.
The first step toward getting the spousal support you deserve is calling us. We will work to promptly schedule a free consultation at a convenient time. No dispute is too fraught or complicated for our firm. Our team is ready to go to work for you and your family.
Call or contact us online today.
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