Nicolaus Spousal Support
During a marriage, couples often agree on the amount of financial responsibility they will take in order to live a stable standard of living and manage the household. Some couples contribute an equal amount to the financial pool for the household. Others have one person tackling the finances while the other handles the household. There are also households where it is a joint effort to manage both the finances and the household.
But, once the marriage ends in a divorce, one party would often find themselves at a disadvantage because they will lose the financial stability that allowed them to live a stable life. Some would not be ready to stand on their own because they lose time to learn or find a job that will allow them to earn. For these situations, the court can step in during the divorce process and order the high-earning party to provide spousal support.
Bartholomew & Wasznicky LLP’s experienced team of Nicolaus spousal support attorneys is always here to provide you with the right legal assistance for your legal troubles. For spousal support cases, your assigned attorney will look into your situation to see if spousal support will be granted to you or if you will be the one to provide support. Depending on your situation, we will provide you with the legal assistance you need to fight for the best arrangement that works for all parties.
Looking for spousal support guidance? Contact Bartholomew & Wasznicky LLP today. Our experienced attorneys will navigate the complexities of spousal support laws in Nicolaus, ensuring your rights are protected. Schedule a consultation at (916) 260-2637 and let us help you secure the financial support you deserve. Take control of your future with the help of our dedicated legal team.
Definition of Spousal Support
When one talks about “alimony” or “spousal support” in Nicolaus or anywhere in California, the terms are used interchangeably to refer to the financial assistance given to one party after a divorce. It can immediately be requested during the divorce proceedings.
In the past, it used to be the wives who automatically got alimony after the divorce. However, this has now shifted in recent years as those who are low-income earners are the ones who have the highest chance of earning alimony. California law does not allow anyone who has been convicted of committing domestic violence or sexual assault felonies against their former spouse and children to get spousal support. The same restrictions will be imposed on those who have attempted to murder their family.
The law also does not specify the amount of time for a marriage to last before spousal support is granted to one party. It will only be considered as a factor for the judge to see if spousal support should be granted. While this is the case, a brief marriage will not qualify for spousal support because it will outweigh the other factors that will be used to consider support.
If the marriage lasts for 10 years or more, there is a high possibility that they will be granted spousal support. The support can be for 5 years or more, depending on the situation of the receiving party.
Types of Spousal Support
During a divorce proceeding, the court may consider one of two types of spousal support to provide to the party that has the right to it: temporary and rehabilitative or long-term.
As its name suggests, temporary support is only provided to the qualified party for a set time. Usually, temporary support is determined based on a formula that will allow both parties to maintain their standard of living while the divorce is ongoing. The court may change the formula they use to determine the amount for temporary support, but it usually starts with 40% of the high-earning party’s monthly income, then deducts 50% of the low-earning party’s monthly income, and the difference will be the amount that needs to be paid as spousal support.
It is important to note that judges may opt not to use these guidelines and use a different set of guidelines to determine how the support can be computed. Judges may also end the temporary support even before the divorce is settled.
A judge may rule on rehabilitative support if they see that the other party will require support beyond the divorce proceedings.
It is called “rehabilitative” support because it is meant to support the low-earning party as long as it is needed as they get the education and experience needed to be independent. Depending on the case, it may become a permanent setup, but it is very rare.
The judge will consider several factors to determine how the computation will be done and how much it will be. Once they see that it is required, the judge will have indefinite jurisdiction over the spousal support throughout its lifespan. They will also monitor the receiving party’s progress in becoming independent, and if they are progressing, the court will reduce the payments accordingly. If one party wishes to request for the modification or end of the spousal support, they may do so with the same judge.
If you want to see which type of spousal support you qualify for, speak to our Nicolaus spousal support attorney about it. They will assess your situation and recommend the best course of action to increase your chances of getting this spousal support.
Factors Affecting Spousal Support
When determining the type of spousal support that will be granted, who pays the spousal support, and how much it will be, the judge will use the following factors as listed under California law:
- The needs of both parties according to the standard of living they had before the divorce
- The earning capability of each party, considering their skills, the job market they can join, how much education or training the low-earning spouse needs to have to prepare them for post-divorce, and how much time the low-earning spouse lost because of their responsibilities at home during the marriage.
- The capability of the supporting spouse to regularly pay spousal support
- The age and health status of both parties
- The assets and liabilities of both parties, including the number of separate properties they have
- The length of the marriage
- The contribution of the low-earning party to the other’s education or professional success throughout the marriage
- If there is a record of domestic violence against either party or toward the children
- How each spouse dealt with each challenge they had during the marriage
- Other crucial factors the judge may consider to make a fair decision
Our Nicolaus spousal support attorneys at Bartholomew & Wasznicky LLP can help you understand how these factors will affect your chance of getting spousal support or what type will be granted to you. If you are the one who will pay spousal support, we can guide you through these factors to see how you can appeal against the spousal support order or get the amount reduced.
Spousal Support Modification
If there is a change in your circumstances, whether you receive support or pay it, you can speak to the other party to negotiate the changes and apply it without court intervention. However, if you cannot agree with the other party regarding support, then you can request the modification with the ruling court. California only requires one form to be filed to request a spousal support modification. The judge will then review the request and see how the spousal support can be adjusted to match the new situation of either party.
Your assigned Nicolaus spousal support attorney can reach out to your former spouse to discuss the modification and try to resolve without involving the court. If no resolution is reached, we will file the motion in court for their consideration. You can also trust our team to assist with collecting the evidence to support your request and fight for the best possible result.
Talk To Our Legal Experts Today
Divorce will be a life-changing experience for everyone, and if you do not have the resources to help you re-establish your life after the proceedings, it will be a struggle you may not be able to recover from.
You can trust our Nicolaus, CA family law firm to help you secure spousal support, which can help you not just to recover from the ordeal but also help you look forward to the future. Our team will do its best to make the legal process easier to understand so you can make the right legal decisions for you, your family, and your future. We can also assist you if you are the one assigned to pay spousal support and fight for a fair assessment from the court.
Seeking spousal support assistance in Nicolaus? Contact Bartholomew & Wasznicky LLP now. Our skilled attorneys will protect your rights and guide you through the legal complexities. Schedule a consultation at (916) 260-2637 to secure the support you deserve. Let our experienced team help shape your future.