Spousal Support Attorneys in San Diego

Determining whether someone should pay or receive spousal support (also called “alimony”) is a commonly fraught part of divorce. You may be in a situation where you want to minimize the amount you must pay, easing the financial toll of divorce. On the other hand, you could be seeking the maximum spousal support possible, so you and your family can live comfortably in the future. 

Whatever your goals, trust Shorb & Connor APC to help you achieve them. Since 2011, we have represented countless individuals and families throughout San Diego, Escondido, Poway, Chula Vista, and the surrounding areas. Our firm crafts and implements personalized legal strategies aimed at securing ideal case outcomes. To discuss your situation and what we can offer, reach out to request a complimentary strategy session. 

Call (619) 330-0938 or contact us online to partner with our San Diego spousal support attorneys. 

The Two Types of Spousal Support in California

Our state’s courts commonly award two types of spousal support:

Temporary Spousal Support

This support is paid after filing for divorce but before the divorce is finalized. Courts calculate the amount of temporary support based on a state- or county-specific formula that accounts for a divorcing couple’s incomes, tax statuses, and deductions. 

Permanent Spousal Support 

This support is paid after the divorce is finalized and may last for a specific duration or indefinitely. California courts have broad discretion in determining the amount of spousal support to be paid. 

How California Courts Determine Spousal Support Amounts 

As noted above, temporary spousal support is determined by a formula, while permanent spousal support is not. Often, divorcing parties negotiate a fair amount and payment duration. However, courts must make the final say if they cannot do this.

When determining spousal support, our state’s courts will assess either party’s:

• Income(s)
• Assets and liabilities 
• Separate property 
• Age and health
• Ability to be self-supporting 
• Tax consequences 

They will also consider the following:

• The length of the marriage
• The standard of living during the marriage
• Whether having a job would make it difficult for the custodial parent to care for children
• Instances of domestic violence
• Whether one spouse helped the other get an education or professional license
• Whether one spouse helped the other enter a new career
• Whether one spouse’s career was halted because of unemployment or the need to take care of children in the home

The Duration of Spousal Support

The duration of spousal support payments depends on the length of the marriage, unless parties reach an alternative agreement. For marriages lasting fewer than ten years, the duration of support payments is generally half the length of the marriage. 

For marriages of more than ten years, spousal support can be indefinite or last until the spouse receiving payments becomes self-supporting.

Can You Modify Spousal Support?

It is possible to modify spousal support if there has been a change in either spouse’s financial circumstances. 

These include but are not limited to:

• Changes in income (a new job or marriage)
• Changes in ability to pay as the result of debts, job loss, or a pay cut
• Illness or injury
• Retirement
• Increases or decreases in tax consequences
• Hardships suffered

Can You Oppose Spousal Support?

There are ways to fight the burden of spousal support. Doing so may require highlighting the hardship payments may cause, showing evidence that spousal support is unnecessary, or pointing out errors that courts made in divorce proceedings. Retaining an attorney who can skillfully craft an argument against a support order is essential.