San Diego Spousal Support Lawyer

Skillfully Representing Men & Women in Alimony Cases

Temporary & Permanent Spousal Support

Spousal support, also known as alimony, can be temporary or permanent. Spousal support exists to help the petitioning spouse maintain the marital standard of living or to reenter the workforce to become self-sufficient.

Understanding Temporary Alimony

Temporary spousal support is spousal support ordered during the pendency of the dissolution proceedings and before a final Judgment of Dissolution. This is used to maintain the status quo of the marriage and is not based on the length of the marriage.

The Court has wide discretion when awarding spousal support. However, for temporary spousal support, the San Diego Family Law Courts generally use a guideline formula. Our spousal support attorneys can tell you the amount of temporary spousal support you may be awarded or have to pay based on this guideline formula.

Permanent Alimony: What You Need to Know

Permanent spousal support is a spousal support order after a final Judgment of Dissolution, which is based on the marital standard of living and the length of the marriage. This is determined based on the totality of the circumstances during the marriage.

Our San Diego spousal support attorneys can discuss which factors the courts look to when making this determination. Permanent spousal support is less predictable than temporary spousal support as it is left to the wide discretion of the court.

Calculating Alimony in San Diego: A Comprehensive Guide

Spousal support is determined by the following factors:

• The duration of the marriage
• The petitioning spouse's contribution to the marriage
• The age of both spouses
• The financial situation of both spouses

Enforcing Alimony Orders in San Diego

Has your ex stopped making their spousal support payments? 

If so, then you can ask the court to enforce the spousal support order by holding them in contempt of court. If they still do not pay, then their wages could be garnished and they may even face penalties for contempt of court.

Can Spousal Support Be Modified in San Diego? 

In California, spousal support can be modified if there are significant changes in circumstances. This flexibility allows for adjustments to support agreements, ensuring they remain fair and reflective of current situations. 

Here’s what you need to know about modifying spousal support in San Diego:

• Significant Financial Changes: Modifications are typically considered when there are substantial changes in the financial circumstances of either party. This can include job loss, a significant increase or decrease in income, or changes in living expenses.
• Legal Process for Modification: The process begins with filing a motion with the court that issued the original spousal support order. This motion must outline the reasons for requesting a modification and include documentation supporting the claim of changed circumstances.
• Court’s Role in Review: The court will review the submitted documentation and may hold a hearing to better understand the circumstances. The judge will consider factors such as the duration of the marriage, each party's financial condition, and the standard of living during the marriage.
• Potential Outcomes: The court may decide to increase, decrease, or terminate spousal support based on the presented evidence. Alternatively, the court might deny the modification if the change is deemed insufficient to warrant an adjustment.

Modifying spousal support in California is a structured legal process that requires thorough documentation and a clear demonstration of changed circumstances. Consulting with our San Diego spousal support attorney can provide valuable guidance through this complex process, ensuring that your request for modification is appropriately handled and more likely to result in a favorable outcome.