Rancho Santa Margarita Spousal Support Lawyer

Rancho Santa Margarita Spousal Support Attorney

In California, spousal support is often a topic of contention between divorcing spouses. For couples residing in the affluent and wealthy area of Rancho Santa Margarita, spousal support can be an even more sensitive subject. Whether you reside near Dove Canyon with your family, or own and operate a successful business along Alma Aldea, having the legal guidance of a Rancho Santa Margarita spousal support lawyer is crucial to protect what matters most: your future.

Quinn & Dworakowski, LLP: Trusted Spousal Support Lawyers Serving California

With over 100 years of experience in family law, the team at Quinn & Dworakowski, LLP, is here for you. If you are looking for an honest, hardworking, and knowledgeable team to work with in a spousal support case, you’ve come to the right place. Ranked by US News and World Report as one of the finest Southern California divorce and family law firms, we understand the intricacies of spousal support and are ready to offer you the representation you deserve.

Determining Spousal Support in Rancho Santa Margarita

California sees a divorce rate of around 5.9 cases per 1,000 residents. In many of these cases, especially those taking place in Rancho Santa Margarita, where the yearly median income is around $146,827 per household, spousal support is a highly contested topic. When a couple cannot reach an agreement on their own regarding support, they will need to look to a family court judge to make this determination for them.

Judges in California will look at several different factors when determining spousal support awards in divorce cases. These factors include:

• Length of the marriage. In California, the longer a marriage has lasted, the more likely a divorce will result in some kind of spousal support order. This is because longer marriages typically have a spouse involved with a greater degree of financial dependence.
• Disparities in income. The courts will likely consider each individual’s income, access to financial resources, debts and liabilities, and earning capacity when making a decision regarding support. If one spouse has a higher income than the other, it is likely that spousal support will be awarded.
• Health and age of spouses. In certain cases, where one or both spouses are of a certain age, or if one or both suffer from a medical condition or disability, these factors will be considered by the judge when making a ruling on spousal support, as health and age can affect an individual’s ability to work and earn their own financial security.
• Marital contributions. Outside of financial resources and contributions, the judge will also look at the non-economic contributions made by each spouse during the marriage. These contributions can include supporting a spouse’s career or staying home to raise and care for the couple’s children.
• Established standard of living. In a spousal support order, the courts will aim to ensure that the standard of living the spouse who earns less grew accustomed to during the marriage is maintained.
• Marital agreements. If there are any pre- or postnuptial agreements involved in the marriage, the courts will honor the terms outlined that may address spousal support in the event of a divorce.

There are two main types of support that can be awarded in a divorce case: temporary and permanent. Temporary support is usually ordered while the divorce proceedings are still ongoing in order to help stabilize the finances of the spouse who earns less. Permanent support, on the other hand, is usually outlined in a final divorce decree and can last until one of the parties dies, reaches retirement, or is terminated for another legal reason.

Can Spousal Support Be Modified or Terminated in California?

Yes, in California, spousal support orders can be modified or terminated under certain conditions or changes in life circumstances, including:

• Retirement. If the individual paying spousal support has reached retirement age, they may be able to seek a modification or termination based on their reduced access to financial resources and income. However, the ability to seek modification or termination on these grounds will ultimately depend on the court’s review of your retirement situation.
• Death. If one of the spouses dies — either the one paying spousal support or the one receiving it — then the payments will stop.
• Remarriage or cohabitation. When the ex-spouse receiving support either remarries or begins cohabiting with a new romantic partner, the paying ex-spouse can seek to have any support orders terminated by the court.
• Marital agreements. In California, around 45% of all marriages have some kind of pre- or postnuptial agreement in place. While some may see these agreements as unromantic, they can actually work to protect you in the event of a divorce. These agreements can outline the terms of potential spousal support and specify which party will pay the support, how much will be paid, or if any support will be awarded at all.
• Change in circumstances. If you are paying alimony as a part of your final divorce decree, you may be able to petition the courts for a modification or termination if you experience a certain life change. Likewise, as a receiving party, you may be able to seek modification if you suffer a substantial change. These changes can include a sudden lack of employment and income or the suffering of a new medical condition or disability.
• Lack of need. If the spouse who could potentially need to pay support, or who is already paying support, can prove that the receiving party lacks need for financial assistance, it could modify or even put an end to support payments.

Whether you are receiving support or paying, it is important to consult with an experienced attorney when seeking modification or termination of an existing court order.

Hire a Spousal Support Lawyer Today by Contacting Quinn & Dworakowski, LLP

Whether you are seeking spousal support or hoping to contest it, you need an experienced attorney to guide you through the process. From negotiation to mediation, to court litigation, should the need arise, the team at Quinn & Dworakowski, LLP, is here for you. We are prepared to steer you toward a fair and reasonable solution that ensures your interests and rights are protected. Contact our offices to hire a spousal support lawyer today.

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