Getting divorced in Irvine, CA is a difficult process. Not only do you have to rearrange all aspects of your life, but you also have to consider many different legal issues as well. Once you are finished, you must build your life anew. For some people, this is an exciting prospect. For others, it is intimidating or even impossible.
Discrepancies in income are a common reason for this trepidation. Many married couples share finances, and when they get divorced, it can be difficult to adjust to a new budget. If one person makes significantly less than the other, or no income at all, the new budget may be nonexistent. The money that they had counted on from their spouse is no longer part of their future, which can be debilitating.
Fortunately, spousal support law accounts for these situations. Spousal support can help both members of a marriage adjust after a divorce and ensure that neither person is left without the resources that they need to survive.
If you believe that alimony is appropriate in your situation, you should speak with an Irvine spousal support attorney right away. We can help you negotiate the terms of your support and ensure that you can start your new life with some financial stability.
Our team at Quinn & Dworakowski, LLP, has been a leader in family law for many years. We have a thorough understanding of the minutiae of marriage, divorce, spousal support, child support, child custody, and much more. Our wide breadth of knowledge allows us to argue every case thoroughly and represent our clients in a variety of matters.
Spousal support orders are extremely important for many couples. We have worked closely and successfully with many clients to fight for essential financial support after divorce. You can trust that we can fight diligently for your rights in the courtroom.
Although we are ruthless in court, we are patient and understanding with our clients. Divorce and spousal support negotiations are emotional for many people, and we honor that vulnerability in our meetings with you. You should feel comfortable speaking openly about your case with us.
If you are getting divorced and believe that spousal support may be appropriate, we are your best Irvine legal resource.
Spousal support, or alimony, is financial support that one ex-spouse gives to another ex-spouse after a divorce. This money is meant to give both spouses the financial resources to build a new and successful life outside of their marriage. This system is also meant to compensate one spouse for any unpaid contributions that they may have made to the home.
For example, if one spouse works outside of the home to make money while the other stays home to raise children, take care of the home, and manage the family, the latter has been working without direct pay throughout the marriage. When the marriage ends, the stay-at-home spouse may have trouble finding a job outside of the home with a large gap in their professional resume. They may require vocational retraining or other education to be competitive in the marketplace. Because they were counting on their spouse’s income for their future, they are entitled to monthly payments that allow them to move forward.
Many jobs inside the home are unpaid and unappreciated. The law aims to remedy this injustice through spousal support laws. These payments help to keep income equitable, compensate for unpaid labor, and ensure that divorce does not leave one spouse in an economically unstable position.
Whether you are being asked to pay spousal support or are looking to receive it, it is important that the legal agreement is fair for all parties involved. Spousal support amounts can vary, and paying spouses often argue for smaller payments while receiving spouses often advocate for larger ones. An attorney helps to ensure that any court decisions account for your needs and are fair to you.
All divorce issues, including spousal support, can become heated very quickly. Even if you believe that you are divorcing amicably, the negotiations can easily turn hostile. With the help of a spousal support attorney, you can make these negotiations while maintaining your poise and dignity. They can advocate on your behalf and make sure that any terms are fair and equitable. Allowing attorneys to negotiate your spousal support gives you an important buffer that can help preserve your changing relationship with your spouse.
Spousal support payments are vital for many people, and you should not take them lightly. Achieving spousal support may be the difference between support and financial insecurity. You should approach the case with your best resources, including an experienced spousal support attorney.
Spousal support is appropriate in a myriad of situations, not just those in which one spouse remained at home. If you and your spouse both brought in money, one of you may still be entitled to spousal support if the other made significantly more in income than the other. For example, if you make approximately $45,000 per year and your spouse makes approximately $150,000 per year, you may be entitled to spousal support payments to supplement your income.
Spousal support is not just for financially dire situations; it can also help to maintain your lifestyle. Although you likely cannot live in the exact same way that you lived before, you should be able to maintain many of your hobbies and meet your needs after divorce.
Spousal support may last indefinitely, but in many cases, the court may grant temporary spousal support. This means that the spousal support payments will stop after a predetermined amount of time has passed. Generally speaking, marriages that last less than 10 years will receive temporary spousal support agreements, while marriages that last longer than 10 years will receive spousal support agreements that have no specific expiration date.
If you were married for 10 years or less, you can receive spousal support that lasts up to half the length of your marriage. For example, if you were married for six years, you may receive spousal support for up to three years after your divorce.
If you were married for more than 10 years, there will be no expiration date for your spousal support. Payments will end when:
If you believe that spousal support payments should end for a reason not listed here, it is important to make the change through the court so that it is legal and enforceable.
A: There is no minimum marriage length that will earn spousal support. However, if you have been married for less than 10 years, the court is less likely to grant support than if you have been married for longer than that. Ultimately, your spousal support agreement will depend on your personal situation, your lifestyle, your finances, and any prenuptial agreements you may have.
A: If you brought in the family’s income while your wife stayed home, you will likely have to support her. If you stayed home while your wife worked, she may have to support you. If you both worked, spousal support may not be necessary in your case. The court will determine what is appropriate during a divorce based on your financial situation, your employment, and other factors.
A: Spousal support amounts vary depending on the income amounts and the specific situation. The formula is generally: 40% of the paying spouse’s monthly income minus 50% of the receiving spouse’s monthly income. For example, if the paying spouse makes $10,000 per month and the receiving spouse makes $4,000 per month, the payments would likely be $2,000 per month.
Mitigating circumstances may change this formula.
A: The length of spousal support payments depends on the length of your marriage. If you were married for 10 years or less, the payments will likely last approximately half the length of your marriage. For example, if you were married for two years, you may get spousal support for up to one year after your divorce. If you were married for more than 10 years, your payments could be indefinite.
You should never leave your spousal support agreement up to chance. These contracts are extremely important and can offer essential help to individuals who have gone through a divorce. If you are going through a separation or divorce, it is important to have the legal resources to earn what you are owed in your divorce settlement.
For help with spousal support negotiations, or any other family law issue, contact Quinn & Dworakowski, LLP, online today.
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