Regardless of your age or financial situation, divorce can be emotionally devastating. Spousal support can be one of the most difficult aspects of navigating such an emotional situation.
Divorce is a challenging process. Within that process, spousal support can be one of the most difficult aspects of navigating such an emotional situation. It can be difficult to work through disagreements between divorcing couples, especially when it comes to financial matters, such as alimony. A Laguna Beach spousal support lawyer can often be a tremendous help, whether or not the case goes to court.
At Quinn & Dworakowski, LLP, our understanding of family law can be vital in helping you find a fair agreement for spousal support in your divorce. We have years of experience representing individuals who are expecting to receive support from their spouse or who need to ensure fair terms are decided in paying their spouse.
Spousal support, sometimes called alimony, in Laguna Beach, California, is determined by a number of different factors. The support could be temporary and intended to supplement the supported spouse’s income while seeking training and education to become self-supported. It could also be permanent if the supported spouse’s age or health is going to prevent them from becoming self-supporting.
Some of the factors often considered in determining spousal support include:
A divorce lawyer can play an important role in helping you get an arrangement that works for you. We can help to negotiate a fair agreement outside of the court, but we can also represent you before the court if necessary. Using our extensive experience, we can help you craft a reasonable spousal agreement, which includes major issues like property division, child custody, and child support.
A: There is no set of strict rules for how long spousal support will last. However, there are some general practices that are typically followed. For instance, marriages that are under ten years often result in spousal support that lasts for half the duration of the marriage. There are also factors like age and health that relate to a person’s ability to reach self-sufficiency, which will also be considered and play a role in the length of support as well.
A: Legally, there is no law dictating the precise length of a marriage required to receive spousal support. Theoretically, even a marriage that lasts under a year could result in spousal support. However, the duration of the marriage is an important factor in determining the duration of the spousal support.
In particular, a marriage that lasts less than ten years will typically only receive support for half the duration of the marriage, whereas one that lasts longer will usually receive support for a longer period of time, possibly indefinitely.
A: There are a few different things that could impact the possibility of receiving spousal support. In some cases, this could mean never receiving spousal support from the start, and in others, it could also mean later having spousal support withdrawn. Things like marital misconduct, such as domestic violence, could affect eligibility. Being financially self-sufficient, remarrying, or even cohabitating with someone else could either reduce or end spousal support.
Other potential factors include having hidden financial information through the divorce process or creating self-inflicted financial hardship.
A: There is no formal “Rule of 65” codified in California divorce law. However, it is a general guideline that many lawyers will use to help determine how long spousal support should continue. The “rule of 65” involves calculating a number by adding together the age of the spouse receiving support at the time of the divorce and the duration of the marriage.
For instance, someone married 12 years and divorced at 38 would have a number of 50. If that number is greater than 65, then there is much more likely to be long-term or even indefinite spousal support.
Because spousal support is often a hotly contested aspect of a divorce, especially if the party initiating the divorce is the one likely to receive support, working with a Laguna Beach spousal support lawyer and law firm, like Quinn & Dworakowski, LLP, can be a critical component to the process.
We bring experience with handling the tension involved in these situations, a firm understanding of laws surrounding the issue, and the ability to understand what a fair arrangement should look like. If you want help handling this issue from someone who can advocate for your interests, then contact us today.
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