San Diego Alimony Lawyers

Fighting for Fair Outcomes on Spousal Support and Other Domestic Issues

Divorce is never a simple process to go through. In addition to the loss of a relationship, both parties have to deal with the legal issues that come along with ending a marriage. Alimony — also known as spousal support — is one of many important issues that need to be discussed as a part of the divorce process. But how does alimony work in California, and who is eligible to receive it? These are the most common questions asked of San Diego alimony lawyers, but the complexity of spousal support orders actually raises a variety of other concerns.

At Khosroabadi & Hill, APC, we know that you’re going through a difficult time. While no one can take away the emotional toll that divorce proceedings have on those involved, our law firm may be able to help simplify the process. Whether you want your former spouse to pay spousal support or you need to ensure you’re not paying too much, it’s important to have experienced legal professionals on your side. A divorce attorney at our law office will review your case and help you better understand your options. Contact us today to schedule your free consultation.

What Is Alimony?

Alimony is also referred to as spousal maintenance or support, and it is a court-ordered payment that one spouse makes to help cover the other spouse’s basic living expenses. Alimony paid between a couple that is or was married is called spousal support, whereas a couple with a domestic partnership may pay or receive domestic partner support. Both types work similarly and are meant to provide the spouse or partner who earns the least income with the means to support themselves during and after a divorce. It also gives them the chance to regain skills that would enable them to re-enter the job market if they gave up their careers for the sake of caring for their children or home.

Unlike child support and custody issues — which only arise if children are involved — spousal support can be an issue in every divorce. Even if you and your former spouse decide to handle things amicably, it’s important to understand the requirements for alimony under the law. A San Diego spousal support lawyer can help you navigate these issues, which may prove critical since California courts will want to ensure that a fair divorce decree is issued — and this sometimes means they will order spousal support payments that were not agreed upon by the divorcing parties.

It’s also worth noting that there are multiple types of alimony available for an individual who will receive spousal support:

Temporary Spousal Support

In California, alimony payments can be temporary or long-term. Temporary alimony payments can be ordered while a divorce is still pending. This is meant to help the spouse who earns less maintain a certain standard of living while their San Diego divorce makes its way through the courts. This order will stay in place until a final divorce decree is issued and the legal process concludes. Once this happens, the temporary alimony order will typically be replaced by permanent spousal support.

Permanent Spousal Support

Long-term alimony (also called permanent support orders) are made at the end of a case as part of the final judgment. However, the word permanent is used loosely in this context. It’s rare for an alimony order to actually last forever. This is only done in rare and unique circumstances, and there will typically be an end date for these orders. Additionally, certain events (e.g., remarriage, cohabitation) can warrant the early end of an order. Modifications are also possible. Clearly, this is a complex issue — so it never hurts to speak with a certified family law specialist when you’re going through a divorce.

Can Temporary Spousal Support Be Ordered Outside of the Divorce Process?

San Diego divorce lawyers often deal with more than just divorce proceedings. In fact, a family law attorney can handle just about any domestic legal issues you might encounter. That’s why any legal professional in the field can tell you that alimony orders are possible even outside of the divorce process. For instance, the courts may issue spousal support orders if two parties decide to file for legal separation. This process is preferable over divorce for certain individuals, but it doesn’t mean that the higher-earning spouse won’t be required to provide financial assistance.

It’s also the case that spousal support payments may be required if a domestic violence restraining order is issued. In many domestic abuse situations, it’s the lower-earning spouse who is targeted with violence. There are a multitude of cases where a person will stay in an abusive relationship because they’re financially dependent on their alleged abuser. Courts have no issue awarding spousal support to the victim so they can continue to support themselves while figuring out how to move forward. Unfortunately, this occasionally leads to false accusations.

Clearly, there are multiple situations where financial support may be required even when divorce papers haven’t been filed. However, you should never make assumptions about what the courts will or will not do in your situation. If you want to increase your odds of securing a favorable outcome, it’s important to speak with an alimony lawyer in San Diego before making any major decisions. Our law firm can provide guidance during a free consultation. Contact us today to learn more.

Who Is Eligible to Receive Alimony in California?

In California, alimony orders are gender-neutral, meaning that either spouse can request the judge issue an alimony order during the divorce or as a means to help support themselves after the divorce. The spouse who earns the higher income may be ordered to make support payments to the spouse who earns the lower income. If both individuals are fairly equal in their financial situation, it’s possible that the courts will allow the status quo to move forward and issue no order.

When it comes to determining whether a spouse should receive long-term alimony and for how long, a judge may use a variety of factors, such as the length of the marriage, each spouse’s earning abilities to maintain their standard of living, the age and health of each spouse, their debts and assets, and the receiving spouse’s ability to become self-supporting in a reasonable amount of time. The judge can decide how much weight to give each of these factors.

Keep in mind that former partners can come up with an agreement on their own. In an amicable and uncontested divorce, both parties may agree on terms regarding spousal support. However, the courts will want to make sure the supported party is receiving a fair outcome. This means they’ll review any agreement before approving it. Working with a San Diego alimony lawyer can reduce the odds of your agreement being rejected.

How Are Spousal Support Payments Calculated and How Long Do They Last?

California alimony payments are calculated in a way that is supposed to allow ex-spouses to maintain a similar standard of living as they enjoyed during the marriage. Temporary alimony payments are calculated using a formula that deducts a percentage of the high earner’s monthly net income from the low earner’s monthly net income. Each court can use this calculation as a guideline or else use alternative formulas to define the number of temporary alimony payments. Temporary alimony payments last while the divorce process is still pending and are terminated once the case is finalized.

However, there is no set formula to determine payment amounts when it comes to long-term alimony payments. A judge may use a variety of factors (discussed previously), including the length of the marriage, to determine how much each monthly payment should be and how many years they should last. Generally speaking, a judge may order alimony payments to last for half the length of the marriage – for example, if a couple was married for eight years, alimony may last for four years. This is a commonly used guideline, but the judge can also decide that payments should last longer or end sooner than half the length of the marriage.

The goal is always to give the lower-income spouse the means needed to become self-supporting. No individual leaving a relationship should face undue financial burden due to their role in their marriage. For instance, a person who leaves their job to care for their children — while their spouse goes to work — will no doubt fall behind in their career. Whether you’ll receive spousal support or be forced to pay it, a divorce lawyer may be able to help you secure a fairer outcome.

Can Alimony Payments Be Modified?

Once an alimony order is final, it will contain details about the frequency and manner in which alimony payments should be made. The most common arrangement is for monthly payments to be withdrawn from the paying spouse’s wages through an income withholding order filed with that spouse’s employer. If a spouse fails to make support payments or falls behind, the spouse that was supposed to be receiving the payments may request that a judge enforce the spousal support order, and there could be significant consequences for the paying spouse.

For that reason, it is important to know that either spouse cannot change any aspect of the alimony order without authorization from the court. That means you may not stop paying alimony or pay a lesser amount without an approved modification request. Either spouse can petition the court for a modification request seeking to increase the payment amount, lower the payment amount, or extend or shorten the duration of payments as long as they can demonstrate that the change is justifiable due to significant changes in their life circumstances.

Changes in the following areas can warrant a modification:

Income
Employment status
Financial circumstances
Living arrangements (e.g., cohabitation, relocation)
Retirement
Health issues
Rehabilitative goals achieved (e.g., completion of education or training)
Periodic reviews of long-term support

Any of these changes in circumstances can warrant the modification or termination of an alimony order. However, an exception to that rule can exist if you and your spouse agreed during your California divorce that alimony may not be modified. Also, keep in mind that property division, child support, and child custody issues will typically have no bearing on a spousal support order. For this and many other reasons, it’s always best to consult a San Diego alimony attorney to discuss the steps required for an alimony order or modification request.

Do I Need to Pay Taxes on Alimony Payments?

Alimony payments used to be tax-deductible for the paying spouse and counted as income for the receiving spouse for tax purposes. However, changes enacted in 2019 eliminated tax deductions for spouses paying alimony, and spousal support payments are no longer counted as taxable income for the recipient.

However, it is important to understand that those changes only apply at a federal level for divorces that were finalized after 2019. Those living in the state of California should still report any received support payments as taxable income on their state tax returns, and paying spouses can still deduct payments from income on their returns.

It’s also worth noting that the change in laws can greatly affect modifications of divorces that were finalized before 2019. While these orders fall under a certain set of rules, it’s possible to update the relevant rules if modifications occur now. Clearly, spousal support cases can become complex — even changing due to updated laws. That’s why it’s important to work with a San Diego alimony attorney.

How Can Family Law Attorneys Help?

As you can see, there are no hard-and-fast rules for determining alimony eligibility in California — nor for calculating the amount a spouse should receive each month. In addition, the California statutes that govern family law, divorce, and support matters are not always easy to understand. This often leads to the creation of a few myths and hearsay, such as the idea that after ten years of marriage, a judge may order permanent alimony that lasts indefinitely, or that you may have to pay your spouse back for alimony money you received.

Only a knowledgeable and experienced family law attorney can help you truly understand how the laws apply to your case and give you clear, straightforward answers to your questions, dispelling myths and helping you be more aware of your rights. Having an attorney by your side on your legal journey is also important due to the heightened nuance of the law. With no exact formula or requirement under the law, alimony orders can vary significantly based on the facts of the case. This makes it critical to have a lawyer on your side who can build a solid case.

In addition, it may be hard to think clearly or know where to begin if you are going through an event as turbulent as divorce. During difficult times, it is crucial to be able to count on the guidance and knowledge of a San Diego alimony attorney who can help you make informed decisions and take the proper steps to reach your goals. Hiring an attorney doesn’t mean you won’t have to engage in the legal process on your own, but our law firm can greatly simplify the process for you and take on much of the burden you’ll face.

Contact Our San Diego Alimony Lawyers Today

No matter what side you are on – whether you are a spouse struggling to keep making alimony payments or a lower-income spouse needing support to become self-sufficient after a long marriage – the attorneys at Khosroabadi & Hill are here to help. Our family law experience has us confident that we can secure a fair outcome on your behalf. However, all cases are different — so take a moment to schedule a free consultation with our office today.