Orange County Spousal Support Attorney


Don't let your spouse leave you high and dry if they earn significantly more than you do! A top Orange County spousal support attorney is here to protect your rights if you feel that your spouse should be providing you with financial support as part of the divorce settlement. There is a shared obligation of support between spouses or registered domestic partners who are living together, as stated in California Evidence Code §4300.

Spousal support might be something you need to consider if you are facing a divorce and have been married for more than 10 years (if less, the court's ability to award spousal support is limited to the length of the marriage).

It's important to understand that the amount of spousal support you may receive depends on many factors set forth in Family Code §4320. There are 2 main types of spousal support – temporary and permanent, or spousal maintenance as it's called by some.

Are The Husband & Wife Entitled To Equitable Distribution?

Under California law, when a marriage ends and the two parties are no longer living together as husband and wife, they will be entitled to equitable distribution of their assets if there are adequate assets to meet each party's needs for maintenance. These assets will be genuinely divided in an equitable fashion.

The important thing is that both spouses get what they need out of this process and that it is done fairly. If you're having trouble getting your ex-spouse to agree on a support or settlement agreement, call our top Orange County spousal support lawyer today!

How Much Alimony Should I Get Or Pay?

A good way to figure out the amount of spousal support you should receive or pay is to take your ex's income and calculate an amount in proportion to your earnings and the duration of the marriage.

So if you've been married for 5 years & your ex makes more than you do, your ex may owe you some spousal support. There are many vital factors that affect the amount of spousal support one person will have to pay or receive.

  • The actual number of years you were married
  • Your current & future earning capacity
  • Your joint property interests
  • Whether there are children
  • Who actually needs help with their living expenses.

Many other factors influence how much alimony someone may be required to pay or may be able to collect. There is no hard-&-fast rule on how much is owed in spousal support after a divorce. It truly depends on the couple's financial situation & how long they were married. But knowing the fact that you might be eligible for alimony payments can serve as leverage when negotiating a settlement or litigating issues in court.

How To Fight An Unfair Spousal Support Agreement

Unfair spousal support agreements can be difficult to enforce. There is a specific way to fight an unfair spousal support agreement in California. You will need to have what is called clear & convincing evidence that your ex-spouse has violated the terms of the agreement, which includes:

  • Your ex-spouse's violation must not be trivial or technical.
  • Your ex-spouse must have voluntarily agreed to the violation.
  • You cannot have caused the violation through willful neglect or fault.

When you want to modify your current spousal support order with these violations, it is crucial that you consult a qualified attorney who specializes in family law. A skilled lawyer will be able to tell if there are any valid grounds for filing for modification of your existing spousal support order.

To get what you truly deserve in the divorce settlement it's crucial to ensure that you're working with a seasoned Orange County spousal support attorney who understands the ins & outs of family law and isn't afraid to fight in court on your behalf. Our family law lawyers at Jos Family Law have over 55 years of combined experience assisting families with family law conflicts. Contact Jos Family Law today for a free initial consultation.

Orange County Spousal Support Attorney

Frequently Asked Questions

In Orange County, spousal support is paid by the higher earning spouse to the lower earning spouse. The payments are meant to help the lower-earning spouse maintain the same standard of living they had while married.

Spousal support is determined by a judge & is based on factors such as the incomes of both parties(you & ex), the length of the marriage, and the standard of living during the marriage. It is important to remember that all couples are different & the amount of spousal support may vary depending on the case.

The length of time spousal support must be paid can depend on a variety of factors. Generally, it lasts until one of the spouses has remarried, but it can also be based on the length of the marriage or other court-mandated terms.

If a significant change in circumstances occurs, then the court may modify or terminate spousal support orders. Examples of these changes can include one party losing a job, obtaining a higher-paying job, or a major illness impacting the ability to pay.

Yes, if you are the one paying spousal support, you may be eligible for a deduction on your taxes. Nonetheless, it is important to speak with a tax professional about this, as there are specific requirements that must be met for the deduction to be approved.

If your spouse refuses to pay court-ordered spousal support, then you can file a motion for contempt against them. This will require your spouse to explain why they have not paid their obligation and could result in fines or jail time if they do not comply with the court's order.

Yes, spousal support is considered taxable income by the IRS and must be reported accordingly.

Call today for a free consultation.

Get in Touch