Menifee Spousal Support Lawyer

Menifee Spousal Support Attorney

It is common for both spouses in a marriage to financially contribute equally or close to equally, but in many families, one person contributes more financially, which often leaves the other person dependent financially. In these cases, the financially dependent spouse may be able to request spousal support, also called alimony. An experienced Menifee spousal support lawyer at Edgar & Dow Family Law can help you find the solution that is right for your family.

Our legal team has been committed to helping families in Southern California with complex legal issues since 2004, including divorce, spousal support, child custody and support, property division, and other family law issues. Since we only practice family law, we can provide a skilled and experienced approach to every case that allows us to tailor our legal strategy to individual circumstances for the most favorable outcome possible.

Spousal Support in Menifee

Spousal support is the legal term for alimony, money paid to a financially dependent former spouse. Spousal support is not always required in a divorce but can be awarded to a lower-earning partner for a number of reasons, such as significant differences in income or the earning potential of each person, one spouse being a part time or full-time caregiver to children or the family’s home, or if they have a chronic illness or disability.

Spousal support is separate from property division and child support payments and may be ordered during separation, the divorce process, afterward, or any combination of these. Alimony may be required in the short term, long term, or permanently. The spouse requesting support must demonstrate financial need and that the other spouse has the ability to pay spousal support. There are several kinds of alimony, including:

• Temporary. These payments are made to a lower-earning ex-spouse while the divorce is being finalized.
• Rehabilitative. This encompasses money for the ex-spouse while they receive training, education, or other skills to support themselves, and may be awarded when the lower-earning spouse has been out of work for a while or is already pursuing education or certifications for a new career.
• Long-term. Typically, this is part of the final divorce settlement, and it can be modified depending on the situation.

There are a couple of ways that spousal support can be paid. These include:

• Periodic. Payments like this are usually made monthly, but for some families, weekly, biweekly, quarterly, or other schedules make more sense.
• Lump sum. One large payment is paid in a specified amount rather than regular payments.

Families and Divorce in Menifee

The divorce rate in the state of California is 5.88 divorces per 1,000 residents, which is a great deal lower than the national divorce rate, which is 7.1 divorces per 1,000 residents. About 39,400 families call Menifee home. Of those, 20,700 are married, and 11,800 have children under 18 who live at home.

Calculating Spousal Support in California

While there is no official formula to calculate alimony, a common method is to subtract half of the lower-earning person’s income from 40% of the higher-earning person’s income. Either spouse can request spousal support and has to prove financial need and that the other partner can afford to make alimony payments. The family court judge can factor in several elements, including how long the couple was married and the following for each spouse:

• Age and health
• Income, income sources, and occupation
• Earning potential, marketable skills, and employability
• Contributions to the family
• Needs and debts
• Total assets, which include their part of the marital estate

Child support is handled separately from spousal support but may be taken into account when making alimony determinations. If the lower-earning spouse cares for the children full-time, the court may also consider whether it is in the children’s interest for that parent to seek outside employment. Family court matters are typically handled at the Southwest Justice Center in Murrieta.

FAQs About Menifee, CA Spousal Support Laws

What Is the Average Spousal Support Payment in California?

There is no real way to determine average spousal support payments in California. Every family is different, and every divorce is different. Alimony is not always required in a divorce. When it is ordered, several factors contribute to whether spousal support is awarded and, if so, what the payment amount is and how often it is made. The most reliable way to determine spousal support payments is to consult with a trusted divorce lawyer.

What Disqualifies You from Spousal Support in California?

In California, several factors might disqualify you from receiving spousal support. The main factor is being able to support yourself and having a greater or similar income to your spouse’s. But there may be other considerations as well, such as financial misconduct, domestic violence, the marriage being short, getting married again, or living with a new partner.

Does the Husband Have to Pay for the Wife’s Divorce Lawyer in California?

No, in most cases in California, each spouse pays for their own divorce lawyer. In some situations, a family court judge may order one spouse to pay for the other’s divorce lawyer or court fees. For example, if one spouse has a significantly higher income, their behavior increases the legal costs unnecessarily, or if one spouse is unable to pay legal fees while the other spouse has greater capacity.

How Do I Fight Spousal Support in California?

The main way to fight spousal support in California is proving that your spouse does not have a financial need for support or that you do not have the ability to afford alimony payments. Even if you have been paying spousal support, if you’ve had a change in circumstances that now makes alimony unnecessary or unfair, you may need a modification. To request modification, you have to file a petition with the court and provide evidence to support your claim.

Experienced Menifee Spousal Support Lawyer

For over 20 years, Edgar & Dow Family Law has provided high-quality legal representation for family law matters, focusing on open communication and practical solutions. Our lawyers can review your case and help you determine the legal options that are right for your situation. If your family is facing a divorce in Menifee or the surrounding area, contact our legal team today to set up a consultation and discuss your case.