Aliso Viejo Spousal Support Lawyer

Aliso Viejo Spousal Support Attorney

When couples go through a divorce in California, spousal support may become a factor in their case. Like child support and property division, it is critical to get alimony matters right the first time based on an accurate assessment of both parties’ needs and finances. Whether you are seeking or fighting support orders, an Aliso Viejo spousal support lawyer represents clients throughout the process. They work to ensure a fair outcome that protects your rights and interests.

A Family Law Firm Dedicated to Strong Service and Strategic Planning

When spouses in Aliso Viejo require exceptional legal services in family court, they trust the team of career family law attorneys at Minyard Morris to deliver results. Our 19 attorneys focus exclusively on family law matters, and we meet weekly to problem-solve complex cases for our clients. Our unique approach allows our clients to benefit from our collective 350-plus years of combined experience.

When you work with our family law firm, you gain the support of some of the most respected and accomplished attorneys in the profession. In 2024, the Orange County Bar Association bestowed on us its highest honor, the Franklin G. West Award, recognizing our attorneys for delivering high-quality services and superior outcomes for clients. Trust one of our law firm to come through in your spousal support case and achieve your goals in court.

Understanding Spousal Support in Aliso Viejo

Spousal support is often one of the most contested issues in a divorce, and the outcomes of local cases reflect divorce and income statistics. California has a marriage rate of 5.5 for every 1,000 residents per year. In Orange County, divorcees account for 7% of men and 10% of women.

In Aliso Viejo, where the median household income is $137,970, courts carefully review each spouse’s ability to maintain financial stability post-divorce. Residents in neighborhoods like Glenwood, California Summit, and Canterbury Village may need to resolve spousal support disputes at the Lamoreaux Justice Center, 341 The City Drive South, Orange, CA 92868, which is the family law courthouse serving the area.

What the Courts Consider When Setting Spousal Support

When setting spousal support in California, courts evaluate many factors under Family Code § 4320. Judges have a wide range of factors to consider before deciding whether to set spousal support in the final court order. These include each spouse’s income, their earning capacity, and their ability to maintain their current standard of living.

The length of the marriage, the health of both parties, and their sacrifices during the marriage are also considered by judges. A woman who never worked and was fully supported by her husband for decades, for example, would likely stand a better chance of being awarded some level of spousal support than a working wife who was only married a few years.

Why You Should Hire a Spousal Support Lawyer

Whether you are seeking or contesting spousal support, your first step should be to hire a spousal support lawyer with experience in complex spousal support cases. Divorces tied to a large estate can be complex, and an Aliso Viejo spousal support attorney understands how to use state alimony laws to assert your rights and interests.

Spousal support is often tied to other issues during a divorce. When resolving conflicts, your spousal support lawyer will consider the case as a whole before focusing on a strategy that furthers your interests in court. Making reasonable concessions in one area of a divorce, for example, could lead to favorable outcomes in your negotiations over spousal support. Legal guidance provides crucial support that aligns your choices with your broader strategy, including how orders might be changed if circumstances shift in the future.

FAQs

What Disqualifies You From Spousal Support in California?

Not everyone qualifies for spousal support in California. One common disqualification would be a situation where one spouse can fully support themselves. Hiding income during the divorce process could damage your credibility and damage your eligibility to receive court-ordered support. If you are awarded spousal support, remarrying will terminate support payments.

What Is the Average Spousal Support Payment in California?

There is no fixed “average” support amount in California because judges evaluate cases on an individual level. When considering whether to include spousal support in a divorce decree, judges look at the financial status and earning capacity of both parties. If support is ordered, it is based on a formula that considers both the earner’s and recipient’s incomes.

Do You Need a Lawyer to File for Spousal Support?

You are not legally required to hire an attorney in Aliso Viejo, California to represent you during the spousal support process, but legal representation has a critical role in the outcome of your case. An attorney handles complex issues tied to your case, and they know how to avoid mistakes that could prove costly in court. Lawyers are advocates for the clients they represent, and hiring an attorney is a critical investment in your future.

Can Spousal Support Be Opposed in California?

Yes. Spousal support can be opposed in California. To successfully contest a case, you will need to provide evidence and legal arguments in court that support your case. An attorney will present evidence as to your financial resources available to pay spousal support. Another approach could focus on arguing that your soon-to-be ex does not need financial support. These arguments must be backed by evidence.

Work With a Law Firm That Delivers Exceptional Outcomes

The outcome of your spousal support case could impact your financial security for years to come. Judges in Aliso Viejo weigh income, marriage length, and lifestyle when making these decisions. Without strong representation, you risk an order that does not reflect your true circumstances. Acting quickly is critical to safeguard your rights in court.

Minyard Morris Family Law Attorneys have the courtroom skills necessary to handle high-stakes spousal support disputes. With more than 350 years of combined experience, our family law attorneys are trusted throughout Orange County to deliver results. Contact our office today to schedule your consultation and start working with a highly knowledgeable and respected legal team.

Aliso Viejo Spousal Support Lawyer FAQ

When Does a Family Law Court Order One Party to Pay Spousal Support to the Other?

A family law court may order one party to pay spousal support to the other, if that party has the need and the payor has the ability to pay. Spousal support payable before the judgment is entered is called temporary support, and spousal support paid after the judgment is called permanent spousal support.

What Issues Does a Family Law Court Look to When Making a Spousal Support Order?

If there is a demonstrated need by one spouse, and a demonstrated ability to pay relative to the other spouse, a divorce court will likely make an order for spousal support payable to the spouse in need. The determination of the amount, duration, and other terms of the spousal support order can be very complex.

Spousal Support

What Other Gray Areas Exist Relative to the Definition of Income?

Free rent and meal allowances may be income. Deferred salary is income, as are recurring payments from family members (gifts) that are not loans or early inheritance. Unallocated, lump-sum, personal injury recovery, or annuity, payments are generally not characterized as income. Student loans and unrealized gain in shares of stock are not income. The proceeds received from the sale of stock that were reinvested are not income available for support.

What is Temporary Spousal Support?

Spousal support paid prior to the entry of the Judgment is characterized as temporary spousal support or pendent lite spousal support. Temporary spousal support may be ordered at a Request For Order (RFO) and is designed to maintain the status quo of the parties, where possible. The amount of temporary spousal support is often determined with the utilization of a formula accessed through the use of a computer software program (DissoMaster or X-Spouse).

Temporary spousal support may be ordered retroactively to the filing date of the Request for Order (RFO) seeking spousal support. Generally, the payor-spouse is credited with payments made to the payee-spouse or paid for that spouse’s benefit. However, a spousal support order at the trial may not be made retroactive to the date of the Petition unless a spouse had previously requested temporary spousal support (Mendoza v. Cuellar). A family law court may order temporary spousal support pending the determination of issues involved in an Out-of-State divorce (Gromeeko v. Gromeeko).

Temporary Spousal Support

Tax Issues

What is Permanent Spousal Support?

At the divorce trial, permanent spousal support may be ordered. The term “permanent” is misleading because permanent spousal support may be ordered for a limited period of time. The term permanent is intended to distinguish this spousal support from temporary spousal support. This spousal support is also referred to as post-judgment or long-term spousal support.

Potential Sequence of Steps and Procedural Events in a Divorce

Spousal Support Retroactivity

What Circumstances Support a Modification of a Spousal Support Order?

A court is to look to all circumstances when determining whether to extend spousal support (IRMO Wilson).There are many circumstances that may justify a modification of a permanent spousal support including the following:

Decrease in income of the payor-spouse;
Increase in income of the payee-spouse;
End of child support;
Discharge by payee-spouse of all community debts assigned to payee (IRMO Clements);
Unrealized expectations that payee-spouse would be self-supporting (IRMO Beaust);
Payee’s support of adult children (IRMO Serna);
Cohabitation and romantic relationship;
Increase in child support (IRMO McCann);
Payor-spouse’s 65th birthday and retirement (IRMO Reynolds).

What Are Examples of Events That May Not Constitute a Change of Circumstances?

The following may not constitute a change of circumstances:

Payee-spouse paying expenses of daughter and two grandchildren (IRMO Serna);
Ability to access retirement funds without penalty (IRMO Dietz);
Generally, mere passage of time;
Increased income by payor-spouse without a showing by the payee-spouse that the original award failed to meet the marital standard of living;
Payee-spouse’s pursuit of an advanced degree as opposed to obtaining a job; and
Payee-spouse’s continued disability in a short-term marriage.

What are the Family Law Code § 4320 Factors That Family Law Courts Evaluate When Setting Permanent Spousal Support?

The award of permanent spousal support is based on the factors set forth in Family Code § 4320 as opposed to being based on the “status quo” as is the standard for temporary support matters. The divorce court cannot set permanent spousal support exclusively using the computer software formula used in setting temporary spousal support. Family Code § 4320 sets forth specific factors that the divorce court must consider:

a. The extent to which the earning capacity of each party is sufficient to maintain the standard of living established during the marriage, taking into account all of the following:

1. The marketable skills of the supported party; the job market for those skills; the time and expenses required for the supported party to acquire those skills; and the possible need for retraining or education to acquire other, more marketable skills or employment.

2. The extent to which the supported party’s present or future earning capacity is impaired by periods of unemployment that were incurred during the marriage to permit the supported party to devote time to domestic duties.

Permanent Support

b. The extent to which the supported party contributed to the attainment of an education, training, a career position, or a license by the supporting party.

c. The ability of the supporting party to pay spousal support, taking into account the supporting party’s earning capacity, earned and unearned income, assets, and standard of living.

d. The needs of each party based on the standard of living established during the marriage.

e. The obligations and assets, including the separate property, of each party.

f. The duration of the marriage.

g. The ability of the supported party to engage in gainful employment without unduly interfering with the interests of dependent children in the custody of the party.

h. The age and health of the parties.

i. Documented evidence, including a plea of nolo contendere, of any history of domestic violence, as defined in Section 6211, between the parties or perpetrated by either party against either party’s child, including, but not limited to, consideration of emotional distress resulting from domestic violence perpetrated against the supported party by the supporting party, and consideration of any history of violence against the supporting party by the supported party.

j. The immediate and specific tax consequences to each party.

k. The balance of the hardships to each party.

l. The goal that the supported party shall be self-supporting within a reasonable period of time. Except in the case of a marriage of long duration as described in Section 4336, a “reasonable period of time” for purposes of this section generally shall be one-half the length of the marriage. However, nothing in this section is intended to limit the court’s discretion to order support for a greater or lesser length of time, based on any of the other factors listed in this section, Section 4336, and the circumstances of the parties.

m. The criminal conviction of an abusive spouse shall be considered in making a reduction or elimination of a spousal support award in accordance with Section 4324.5 or 4325.

n. Any other factors the court determines are just and equitable.

F.C. § 4320 Factors

Is the Marital Standard of Living One of the Important Family Code § 4320 Factors?

The marital standard of living is relevant to the determination of spousal support. However, it is just one of the Family Code Section 4320 factors (IRMO Smith / IRMO Zywiciel). It is neither a ceiling nor a floor for the amount of spousal support. The marital standard of living may be looked at by the divorce court as a benchmark. The divorce court may define the marital standard of living specifically with a dollar level or generally in terms like “middle class standard of living” (IRMO Kerr).

Is the Payor’s Marital Standard of Living as Important as the Payee’s Marital Standard of Living?

The divorce court must consider the marital standard of living of both parties, not just that of the payee spouse (IRMO Andreen).

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