Alimony Lawyers in Orange County
Divorce is often an emotionally and financially straining time in life and can often take months or even years to finalize. One of the more difficult aspects of divorce concerns spousal support payments, or alimony. California law provides set guidelines and time limits in place for child support payments, and while spousal payments contain similar statutory guidance, courts can sometimes be unwilling to provide a former spouse with the payments they deserve. If you are going through the difficult process of divorce and have questions regarding alimony payments, contact an experienced Orange County alimony attorneys.
Alimony Payments in California
The state of California is one of the few states throughout the country which still provides for alimony payments in the instance of divorce. This is helpful for spouses who gave up a career to raise a family and have no stable backing to jump back into the work world. California law looks at a number of factors to be used in determining the amount of spousal support, including the following:
- Length of the marriage
- Whether children were a product of the marriage
- Education of both spouses
- Employment or former employment of both spouses
- Monthly salary of spouses
In California, the length of the marriage is one of the most determinative factors in determining alimony. If the marriage lasts longer than 10 years, the spouse earning less income will automatically retain the right to receive alimony payments for as long as necessary or as long as the paying spouse can afford to pay. Alimony payments can be modified at any time, especially if there is a change in circumstances for either the receiving spouse or the paying spouse. While both parties can waive any type of spousal support at any time, it is important to keep in mind that this waiver cannot be modified at a later date. Once you waive the privilege, you lose the ability to receive alimony payments.
A reasonable length of time for alimony payments is typically half the length of the marriage if the marriage lasted longer than ten years. Regardless of the agreement, it is important to note that alimony payments will not last a lifetime, and must have an end date. Any modification of alimony agreements must demonstrate that the receiving spouse is making an effort to become self-sustainable (e.g. through the efforts of searching for a new job). Additionally, if the receiving spouse begins to acquire increased monthly income, the alimony payments should be decreased.
Free Legal Consultation With Orange County Alimony Attorneys
If you are in the middle of an alimony dispute, do not hesitate to contact the experienced Boyd Law family and divorce lawyers in Orange County. Our team of attorneys understand that support payments are never easy things to agree upon during a divorce, and are here to ensure the process is as stress-free as possible. We can assist you in working with your former spouse to agree upon terms which preserve your rights and your finances. Contact or stop by our Orange County office today for your initial free consultation.