San Diego Spousal Support Lawyers

Get Real Support for Spousal Support Issues

Spousal support – also known as alimony – is one of the most important financial considerations in a divorce, especially if there is a significant income difference between spouses. Whether you’re seeking support to maintain financial stability or required to pay and want to ensure fairness, having a skilled attorney  on your side can make all the difference. 

At Bremer Whyte Brown & O'Meara, our attorneys provide strategic legal guidance tailored to your unique circumstances. We focus on protecting your financial interests, ensuring compliance with California law, and securing a fair resolution. Trust us to guide you through this process with professionalism and care.

Call our San Diego spousal support attorneys at (949) 229-8546 and request an initial consultation today.

Types of Spousal Support in California

Spousal support is categorized into two main types, each serving a different purpose depending on the marriage and divorce circumstances: 

• Temporary Spousal Support:  Awarded during the divorce process to help the lower-earning spouse manage finances until the case is finalized.
• Permanent (Long-Term) Spousal Support: Awarded after the divorce is complete to provide ongoing financial assistance. 

California’s 10-Year Rule for Spousal Support

•  Under California law, marriages lasting 10 years or more are considered ‘long term’ which may impact the spousal support duration: For marriages under 10 years, Spousal Support is typically awarded for up to half the length of the marriage. 
• For marriages 10+ years, Spousal Support may continue indefinitely, through courts expect the recipient spouse to work toward financial independence.   

While the 10-year rule provides extended support in some cases, it does not guarantee lifetime payments.  

Factors That Can Affect Spousal Support 

Courts consider multiple factors when deciding on spousal support payments, including: 

• Length of the Marriage: Longer marriages often lead to larger or longer-term support awards.
• Earning Capacity: The ability of each spouse to earn income and maintain financial independence is a key factor.
• Standard of Living: Spousal support is designed to help maintain the lifestyle established during the marriage. 
• Age and Health: Courts account for whether age or medical conditions limit either spouse’s earning potential.
• Contributions to the Marriage: Contributions such as working as a homemaker or supporting a spouse’s career or education are considered.

How Spousal Support Can Be Modified or Terminated

Spousal support is hardly ever forever and can be modified or terminated if circumstances change. 

A Court may agree to modify spousal support if there has been a material change in circumstance, such as job loss, or a substantial change in income. 

A court may agree to terminate spousal support early if any of these situations arise:

• Death of either spouse: Support obligations typically conclude following the death of either party.
• Remarriage of the recipient spouse: If the supported spouse gets remarried, the paying spouse’s obligations usually end.
• Court-ordered termination: A judge may terminate or modify spousal support due to changing circumstances, such as improved financial conditions for the supported spouse.
• Achieving self-sufficiency: If the recipient spouse becomes financially stable, the court may terminate the support order.

FAQs About Spousal Support

• What if my spouse refuses to pay spousal support?
  If your spouse fails to pay their court ordered spousal support, you have legal options. If a spouse refuses to pay court-ordered spousal support, legal enforcement options include wage garnishment, bank levies, and contempt proceedings.  . Our team can help you take immediate steps to recover the financial support you are owed.
• Does spousal support impact taxes?
  Federal tax laws have changed how spousal support is treated for divorces finalized after 2018. For divorces finalized after 2018, spousal support is not tax-deductible for the paying spouse and it is not taxable income for the receiving spouse. 
• Does adultery affect spousal support?
  No. California is a no-fault divorce state, meaning that marital misconduct—such as adultery—does not impact spousal support decisions. Courts base spousal support on financial need and earning ability, not fault. 

Let Us Help You Resolve Your Spousal Support Case

Spousal support disputes can be stressful and financially overwhelming – but you don’t have to go through it alone. Our San Diego spousal support attorneys provide compassionate and strategic legal representation to: 

• Ensure you receive fair financial support if you are the lower-earning spouse
• Minimize your financial burden if you are the paying spouse
• Advocate for modifications if circumstances change. 

Call (949) 229-8546 now  to speak with a San Diego spousal support attorney and protect your financial future.