There are many aspects to divorce negotiations. Although asset division is fairly universal, child support and child custody often accompany divorce. Because of this, most people understand the basics of child support. However, what many people do not realize is that spousal support, or alimony, may be another appropriate requirement even if a couple does not have children. This is a major aspect of divorce negotiations that can affect your financial situation following divorce finalization.
If you are getting divorced, it is important to assess whether spousal support may be right for your situation. It is best to do so with the help of an experienced spousal support attorney.
Our team at the Edgar & Dow has been practicing family law for nearly two decades. During this time, our attorneys have seen countless divorces, several of which included spousal support negotiations. Unlike many other firms, we have a significant amount of experience in this area. We can offer expert advice and assistance during your divorce process.
We fight diligently for our clients, regardless of the situation. Whether you settle outside of court or end up in courtroom litigation, we can ensure that you get what you deserve. Spousal support payments are not a factor in every divorce. However, we can fight ruthlessly for them if they are right for you.
Our team at the Edgar & Dow provides the best spousal support and alimony legal counsel in California.
Spousal support is a type of monthly payment that one ex-spouse makes to another ex-spouse. These payments are required when one spouse has a significantly higher income than the other. In these cases, divorce would leave the low-earning spouse without the income that they had counted on. Spousal support allows low-earning spouses to begin a new life with some financial security.
Many times, spousal support is appropriate when one spouse has sacrificed their career to care for children or the home. It may be difficult for this spouse to find employment with a lapse in their resume. Spousal support allows them additional time and support to decide what to do next.
It is important to hire divorce attorneys for your divorce process. If you believe that spousal support may be part of your divorce, it is essential that you find an attorney with direct experience in this area. Many attorneys lack the training to negotiate spousal support, which could cause financial problems or poor spousal support agreements.
Trying to negotiate any aspect of divorce, including spousal support, without the help of an attorney is extremely difficult. Many people who represent themselves end up with a smaller settlement than they deserve or unfavorable divorce terms.
In many cases, spousal support payments do not go on indefinitely. These payments may act as a temporary method of support and come with a definitive end date.
Generally, anyone who has been married for fewer than ten years will get half the length of their marriage in spousal support. For example, if a couple has been married for eight years, spousal support would likely only be required for four years following their divorce.
Couples who have been married for ten years or longer are different. In these cases, there is often no definitive end date for spousal support. They may continue until the paying spouse retires, the receiving spouse moves in with a partner or finds gainful employment, or either spouse dies.
A: There is a spousal support calculation that can help you determine the amount of spousal support you will receive or owe. Generally, the court takes 40% of the paying spouse’s income and subtracts 40 to 50% of the earning spouse’s income to get the spousal support payment amount. Your attorney may be able to help you determine what spousal support would be worth in your marriage.
A: Most spousal supports are temporary, but some are permanent. To be permanent, the Rule of 65 states that if the years of marriage plus the age of the receiving spouse at the time of the divorce is equal to or greater than 65, indefinite child support would be appropriate. For example, if a couple has been married for 30 years and they were both 37 when they married, they would be entitled to indefinite spousal support because 30 plus 37 is greater than 65.
A: There is no minimum for spousal support payments in California. If spousal support payments are appropriate in your situation, they will depend upon your income, your spouse’s income, the length of your marriage, and other factors. If you are unsure whether spousal support is appropriate in your divorce, consult an expert attorney from the Edgar & Dow.
A: If you wish to avoid paying spousal support, the best way to do so is with the help of an attorney. Your attorney can argue that you should not be obligated to provide financial assistance to your ex-spouse. This gives you the best chance of avoiding an agreement. If an agreement has already been made, you can stop spousal support by showing financial hardship. You can also prove that the receiving spouse has moved in with a partner.
Our firm takes pride in helping couples determine spousal support agreement terms and amounts. If you are getting divorced, do not risk your future by hiring subpar attorneys. Our team at the Edgar & Dow Edgar offers the best legal service in the Murrieta area. We can help you negotiate a spousal support agreement that works for you, your family, and your future.
For more information, contact the Edgar & Dow.
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