In California, when two spouses divorce one another, the spouse who earns more money must often pay spousal support (also known as alimony) to the spouse who earns less. Some spouses are able to negotiate together to determine what a spousal support arrangement should consist of. When this is not possible, the matter must be resolved in court.
Regardless, it is always wise to have legal representation when addressing spousal support in a divorce. At the Law Offices of Teresa A. Beyers, an experienced Newport Beach spousal support attorney can help you navigate this phase of the divorce process.
Newport Beach Spousal Support Cases: What You Need to Know
Spousal support comes in several forms in California. They are:
Temporary Spousal Support
The judge will often order one spouse to pay temporary spousal support to another before a divorce is finalized. Temporary spousal support payments serve to ensure a spouse who earns less money is able to cover their expenses while the divorce process is ongoing.
Temporary spousal support ends when the divorce process ends. It may then transition to another form of spousal support.
Rehabilitative Spousal Support
This is the most common type of spousal support in California. When one spouse earns significantly less than the other, the higher-earning spouse may be ordered to pay rehabilitative spousal support for a period of time. This type of spousal support allows the spouse who earns less money to maintain the lifestyle they are accustomed to and cover their expenses while they work towards being able to financially support themselves.
The judge will determine how long rehabilitative spousal support should last. If the spouse receiving payments remarries, rehabilitative spousal support typically tends.
Permanent Spousal Support
Permanent spousal support may be awarded in California if a marriage lasted at least 10 years and the spouse who earns less money might have limited opportunities to find work and support themselves due to age, illness, or other such factors. Similar to rehabilitative spousal support, permanent spousal support ends when a spouse remarries or dies
Reimbursement Support
Sometimes, spousal support serves to reimburse one spouse for financial sacrifices they made to support the other spouse during the marriage. For example, perhaps one spouse helped the other pay for a law school education. In these circumstances, a court may decide that spouse deserves to be reimbursed accordingly.
Factors Impacting Spousal Support Orders in California
When two spouses cannot come to a mutually satisfactory agreement regarding spousal support, the court will have to address this matter. Factors a judge will consider when determining who pays spousal support, how much they should pay, and how long spousal support payments should last include:
- The length of the marriage
- Income disparity
- The earning capacity, education, and qualifications of each spouse
- Each spouse’s age and health
- The standard of living to which each spouse had grown accustomed during the marriage
- Sacrifices either spouse may have made, such as choosing to stay home and raise the children or supporting a spouse as they pursued their career goals
Contact a Newport Beach Spousal Support Attorney
Whether you are negotiating for spousal support with your spouse, or the court is handling these matters, a qualified Newport Beach spousal support attorney at the Law Offices of Teresa A. Beyers is available to provide effective representation and expert guidance. Learn more about how we can help by contacting us online or calling us at 949-500-8733.