Solana Beach Spousal Support Lawyer

Solana Beach Spousal Support Attorney

If you’re considering divorce or separation, you may feel uncertain about what your next steps should be. A Solana Beach spousal support lawyer can explain your rights and options, as well as the laws that apply to your case. Spousal support, sometimes called alimony, is a legal agreement in which one party makes financial payments to their spouse who earns less during or after a divorce.

Andy Cook Law has been exclusively practicing family law since 1995. We do not do bankruptcy, estate planning, criminal, or anything else except family law. This means that we have a unique and unparalleled experience in spousal support, child custody, and all other family law issues. We serve clients in Solana Beach, San Diego County, and at the North County Regional Center in Vista. Andy Cook is a Certified Family Law Specialist.

What Is Spousal Support?

Spousal support is a legal financial term detailed in spousal support laws used to refer to the regular monetary payments made by one spouse to the other, as per the court order. The main purpose of spousal support is to help a former spouse establish financial stability. The payment is not a punishment for the paying party, but a court-ordered solution to provide a spouse with a reliable source of funds to meet minimum living standards.

Out of the 45 states included in the CDC report, the divorce rate averaged 6.1 per 1,000 population. This amounted to 672,502 divorces.

Types of Spousal Support

California has different types of spousal support: temporary, short-term, long-term, and rehabilitative. Temporary support may be granted while the divorce proceedings are ongoing. If a marriage is relatively short, the court can order temporary spousal support to help a spouse cover living expenses, including rent, utility bills, groceries, and other everyday purchases.

The longer the marriage is or if a spouse has been out of work for a long time, the court may award longer-term or permanent support. Rehabilitative support is the financial help a spouse receives to become independent and support themselves without assistance.

Factors That Influence Spousal Support

Numerous factors are considered by California law when calculating spousal support. Knowing these enables people to predict results and make appropriate plans:

• Duration of the marriage. While shorter marriages frequently result in more limited obligations, longer marriages typically result in longer or higher support awards.
• Health and age of both spouses. If their capacity to work is restricted, older spouses or those with health conditions might need extra assistance.
• Living standards while married. The goal of the courts is to preserve a reasonable representation of the way of life that was established during the marriage. Support for a spouse who is used to a high standard of living may be appropriate with that standard.
• Earning potential of both spouses. Courts consider the income and earning potential of both spouses. For instance, an underemployed person might still be expected to put in effort to raise their income.
• Each spouse’s investment in the marriage. Both monetary and non-monetary contributions, like child rearing or housekeeping, are considered. The amount and length of support may change if one spouse is the primary caregiver for the children.

Modifying a Support Order

Life changes after divorce can affect spousal support orders. For example, either party can ask the court to change the terms when there is a material change in circumstances, including job loss, retirement, health issues, or remarriage. Our team helps clients file for modifications, negotiate changes, and enforce support orders if a party misses a payment. Proactive steps help our clients maintain financial stability and remain compliant with California law.

Hire a Spousal Support Lawyer

The decision to hire a spousal support lawyer is one you should never take lightly. These are often complex spousal support cases, and an experienced attorney is key to helping you determine whether you’re entitled to support, obligated to pay it, or both. A Solana Beach spousal support attorney evaluates all income sources and delivers your case with solid evidence while managing any order modifications or enforcement needs.

At Andy Cook Law, we treat every spousal support case with empathy and professionalism, guiding clients with compassionate counsel they can trust.

FAQs

What Is a Non-Working Spouse Entitled to in a Divorce in California?

One spouse may be eligible for spousal support if they are not working, to maintain a certain standard of living after a divorce. California courts will look at the length of the marriage, both spouses’ earning capacity, investments into the marriage, and the standard of living established during the marriage. Spousal support may be temporary, long-term, or rehabilitative to assist the non-working spouse in becoming financially independent.

What Is the Rule of 65 for Spousal Support in California?

In California, a common rule of thumb used to determine the length of long-term spousal support is the rule of 65. This rule states that if the combined ages of the spouses add up to 65 or more, the courts are more likely to award long-term or even permanent spousal support. The idea is that as spouses get older, their earning potential may decrease, so they need more financial support to maintain their standard of living.

What Factors Influence Spousal Support in California?

California courts decide spousal support based on several factors. These include the length of the marriage, the income and earning capacity of each spouse, age and health, the standard of living during the marriage, both financial and non-financial contributions, custodial issues, and the ability of the paying spouse to provide support.

Does Living With Someone Affect Alimony in California?

Yes, living together can affect alimony in California. If the spouse receiving support begins cohabitating with a new partner, the court may decide to modify or terminate spousal support, particularly if the new living situation decreases the recipient’s financial needs. The court will consider whether the cohabitation results in a supportive household that lessens the need for continued alimony payments.

Solana Beach Spousal Support Lawyer

If you are going through a divorce, contact Andy Cook Law today. We can make sure your spousal support needs are met and your rights are protected. Don’t let the emotional toll of a divorce stand in the way of reaching an agreement that is right for you. Our team puts your needs first. Our knowledge and experience will help instill the confidence you need to take the next step forward.