Speak With a San Diego Lawyer to See if You Qualify for Spousal Support

As a San Diego lawyer, we help couples throughout the area as they go through a divorce.  One common question that we get is about spousal support.  Many spouses that were staying home or only working part time become concerned that they will be unable to support themselves.  This is understandable considering it takes time to reenter the workforce.  If you are seeking spousal support, here is what you need to know:

There are several types of alimony or spousal support.  Temporary alimony may be awarded while the couple is separated but not yet divorced.  In many cases, couples continue to share a bank account and pay bills jointly while going through the process.  This is a way to formalize the finances to ensure support.  Another type of alimony is for rehabilitation and provides for a spouse as they are going back to school or doing other activities in order to reach the point where they can support themselves.  Simultaneously, alimony can be awarded to strictly reimburse these types of expenses. Permanent alimony is where a spouse continues to receive funds until they die, remarry or for a set and prolonged period of time.  This can be in the form of monthly payments or in a lump sum.

As a San Diego lawyer, we know that the amount of alimony that a person receives is different in every case.  In some divorces, no alimony is given because both spouses earn an income and are self-sustaining.  In other circumstances, it is awarded but after the judge takes into accounts several factors starting with a review of the financial situation and standard of living that was maintained during the marriage.  If the couple had a high standard of living, more alimony would typically be awarded than if they were living on a tight budget.  It is all in relation to what life was like during the marriage.  The judge will also take into consideration the ability of the payer to continue supporting themselves while still paying alimony.  

In determining how much a spouse should be awarded, a judge will also look at age and potential ability to support themselves along with the length of the marriage.  For example, someone that is getting divorced after being married a couple of years and is in their thirties or prime working years, will probably get less alimony than someone that is near retirement age.  This is to ensure that those who did not support themselves during the marriage and would potentially be unable to do so will still maintain some standard of living and not suffer great harm due to a divorce.  On the other hand, those that are capable of earning a living may only be granted support for a short period while they get back on their feet. 

Every case is different so to find out what your chances are of receiving alimony and what a potential award would be, schedule a consultation.  As a San Diego lawyer, we can represent you both in and out of court to ensure that your rights are protected as you go through a divorce. 

San Diego Lawyer Helps Families

If you are contemplating divorce, a San Diego lawyer can help.  We work with families as they go through a divorce and afterwards if they are unhappy with the judges decision.  Family court is a complicated place with divorce laws and procedures dictating outcomes more often than actual facts.  If you don’t know what you are doing you can get lost in the process, deal with extreme frustrations, and lose the things that are the most important to you.  We understand that this is a difficult time emotionally and will take care of the legal details so that you can focus on helping your family through the process.

Everyone only has so much bandwidth.  While going through a divorce people are dealing with the emotional loss of their family unit and when children are involved you will not only have to process through your own emotions but also theirs.  When you add on top moving to a new house, sorting through belongings, and speaking with family and friends, it can become a roller coaster of emotions that make it difficult to handle the technical aspects of the divorce.  We sympathize for the difficulty you are facing but understand that the process doesn’t stop.

As a San Diego lawyer, we handle the legal aspect so that you don’t have to.  There are a massive amount of forms that need to be completed, documents that must be filed, hearings that need to be scheduled, and appearances before the court.  Even savvy business people can find it difficult to navigate through the complexities of the court system.  Don’t make the mistake of trying to go it on your own, especially when children are involved.  The decisions you make now will impact the rest of your life, or at least until your children turn eighteen.

If you and your spouse are having an amicable divorce there is the possibility of setting outside of court.  Whether working through your attorneys or your attorneys and a mediator, you may be able to reach a consensus on the various issues within your divorce.  If you can, it will save you time and money, and you will have more control over the outcome.  Court is unpredictable, and the judge will make decisions that you have to live with, whether you like them or not.  It may be wise to try mediation if you are in the place to do so.  We will still protect your interest and make sure that you don’t agree to anything that could harm you in the long run.

If you have already completed your divorce but don’t like the current custody or child support arrangement, you can go to court and have the decision reconsidered.  We can help you with this process.  The key is that we need to present new information that was not presented during your prior divorce trial.  This may be as simple as you or your ex spouse’s income changing or the children wishing to go to a new school.  Whatever it may be if it is related to your divorce give us a call and we will be happy to review your case.