Newport Beach Spousal Support Lawyers

Overview of California Alimony & Spousal Support Laws

In California, spousal support works by the higher-income party in a divorce making regular payments to the lower-income party. The purpose of spousal support is two-fold: to minimize the economic effects of the divorce and to maintain the standard of living for the lower-earning spouse that was established during the marriage.

As part of any divorce in California, spousal support will need to be resolved by the divorcing couple and/or the court based on the financial facts and circumstances of the case. Spousal support can often be a contentious matter that can add further stress to an already emotional and difficult situation.

Whether you are the individual seeking spousal support or the individual who will likely be providing this support, solutions can be found to settle the matter with the right legal counsel.

The Newport Beach spousal support attorneys at Bremer Whyte Brown & O’Meara have the family law experience, skills, and resources needed to represent your best interests, whether through negotiation or in court. We work toward achieving our clients’ alimony goals through sound legal guidance and performance.

Temporary vs. Long-Term Spousal Support in Newport Beach

There are two types of spousal support in California:

• Temporary spousal support – This type of spousal support is paid to the supported spouse during divorce proceedings. Temporary spousal support ends when the divorce has been finalized.
• Permanent/long-term spousal support – This type of spousal support is awarded as part of the divorce proceedings. Long-term spousal support starts when the divorce is finalized.

When calculating temporary spousal support, most courts follow a simple formula known as the "Santa Clara Guideline." One-half of the lower-earning spouse's net monthly income is subtracted from 40% of the higher-earning spouse's income, and the remaining amount is paid as temporary spousal support.

Understanding the "Ten-Year Rule" for Alimony in CA

Permanent spousal support in California may be paid in cases where the marriage lasted longer than 10 years. This is commonly referred to as the "Ten-Year Rule." The spousal support is not actually permanent, but is rather intended to support the lower-earner until they are able to support themselves. In cases of permanent spousal support in California, the amount of long-term support depends on a number of factors.

According to the California courts website, California spousal support factors include:

• The supported party's marketable skills
• What the job market looks like for those skills
• The time and financial support necessary for the supported spouse to develop marketable skills and/or get a job
• The extent to which the supported party's earning capacity was impaired by periods of unemployment during their marriage while devoted to domestic duties

Key Factors Influencing Spousal Support in Newport Beach

A variety of factors will be considered by the courts when determining the amount and length of spousal support payments in California. Each case is determined based on the individual circumstances of the spouses.

In California, factors considered when deciding how much spousal support is required include:

• Length of marriage
• Earnings of the paying spouse
• The debts and other financial obligations of both spouses
• Ages and health of both spouses
• How much the supported spouse contributed to other spouse’s career in terms of training, education, etc.
• How long the supported spouse was unable to work due to caring for children

Both spouses should have competent legal support when it comes to navigating the complex issue of alimony in California. Our Newport Beach spousal support lawyers have decades of experience in handling complicated family law issues throughout Orange County, CA. We are committed to providing you with aggressive representation in court coupled with a compassionate approach and focus outside the courtroom.

Termination of Spousal Support in Newport Beach: What You Need to Know

Temporary spousal support is paid from one spouse to the other while a family law case in ongoing. In the case of long-term or permanent alimony in California, there are several ways in which support would end:

• You agree in writing about the date it will end (and the court signs off on the agreement)
• The court orders it to end (often as the result of a modification)
• The spouse receiving support remarries
• Either spouse dies

FAQs About Spousal Support

What happens if a spouse refuses to pay spousal support?

If a spouse refuses to pay court-ordered spousal support, the receiving spouse can take legal action to enforce the order. This may involve filing a contempt motion, which can result in penalties for the non-paying spouse, including fines, wage garnishment, or even jail time. The court may also issue a writ of execution, allowing the receiving spouse to collect the owed support from the other spouse's bank accounts or other assets. It’s important to act quickly if payments are missed to ensure enforcement of the support order.

Can spousal support be waived in California?

Yes, spousal support can be waived in California, but it must be done voluntarily and with a clear understanding of the consequences. This is often done through a prenuptial or postnuptial agreement, where both parties agree to waive spousal support in the event of a divorce. However, courts may scrutinize such waivers to ensure they are fair and that neither party was coerced into the agreement. If the court finds the waiver to be unconscionable or unfair, it may decide not to enforce it.

How does spousal support impact taxes in California?

As of 2019, under federal law, spousal support payments are no longer tax-deductible by the payer, nor are they considered taxable income for the recipient. This change, brought about by the Tax Cuts and Jobs Act of 2017, applies to all spousal support agreements finalized after December 31, 2018. However, for agreements made before this date, the old rules still apply unless the agreement is modified and specifies that the new tax laws should apply.

Does adultery affect spousal support in California?

In California, which is a no-fault divorce state, adultery does not directly affect the award of spousal support. The court does not consider the reasons for the breakdown of the marriage, such as infidelity, when determining spousal support. However, if the adultery has financial implications, such as one spouse spending marital assets on an extramarital affair, the court may consider this when dividing property or assessing the financial needs of each spouse.

What role does a prenuptial agreement play in spousal support?

A prenuptial agreement can significantly impact spousal support in California. If the agreement includes a valid waiver of spousal support or specifies the terms of spousal support in the event of a divorce, the court may enforce those terms. However, the court will scrutinize the prenuptial agreement to ensure that it was entered into voluntarily, without coercion, and that it is not unconscionable. If the agreement is deemed unfair or one-sided, the court may decide not to enforce the spousal support provisions.