Santa Barbara Spousal Support Attorney

Pursuing a Fair Alimony Arrangement on Your Behalf

Divorce is a complicated process driven by many moving parts. Under certain circumstances, one of those moving parts can be spousal support, formerly widely known as alimony. More details follow below, but spousal support is essentially a requirement of one divorcing spouse (the “supporting spouse”) to make payments to the other divorcing spouse (the “supported spouse”).

Do you have questions about spousal support in Santa Barbara? Morales Law, P.C. can help. Contact us online or call (805) 422-7966 for a consultation.

The Duty to Support Spouse & Spousal Support Basics

Marriage imposes a mutual duty on both parties of support (California Family Code § 720, 4300). This duty is gender-neutral, meaning both wife and husband have the duty to support the other spouse.

This crucial aspect of family law ensures financial fairness and attempts to balance the disparities in earning potentials that might have developed during the marriage. The intent is to prevent sudden financial hardship post-divorce and to allow a transition to an independent economic status without undue distress. It's important to be aware that these rules apply irrespective of which spouse earned more and aim to maintain a level of fairness and equity in post-marital arrangements.

No Common Law Marriage in California

For the obligation of spousal support to arise in California, there must be a valid marriage. (Hudson v. Hudson (1959) 52 Cal. 2d 735, 738, 344 P.2d 295). There is no common law marriage in California (Marvin v. Marvin (1976) 18 Cal. 3d 660, 684). If the parties were never married, there is no spousal support to the other party, no matter how long the parties have cohabitated.

This distinction is vital in assessing potential legal obligations. Cohabitation without marriage, regardless of its duration or the intent to form a marital relationship, does not confer any rights to spousal support under current California law. Thus, understanding your relationship's legal framework is crucial in future financial planning and in determining your rights and responsibilities.

New-Spouse & Non-Marital Partner Income Relevance

When it comes to your soon-to-be ex-spouse’s new partner, spousal support in California cannot consider that person’s wealth or income. Trial courts are statutorily barred from considering the income of a supporting spouse’s and subsequent spouse or non-marital partner when determining or modifying spousal support (California Family Code Section 4323(b); Marriage of Lynn (2002) 101 Cal. App. 4th 120, 133, 123 Cal. Rptr. 2d 611, 621).

This guideline prevents unfair financial assumptions that could distort the intended equitable support framework. It underscores the legal principle that spousal support should be based solely on the financial dynamics between the original parties of the marriage, independent of any subsequent relationships. Therefore, one's obligations or entitlements should be assessed strictly on their financial standalone capacity post-divorce.

Family Code Section 4320 & Spousal Support Factors

According to Family Code Section 4320, a court may consider the following when ordering spousal support:

1. The extent to which the earning capacity of each spouse is sufficient to maintain the standard of living established during the marriage, taking into account all of the following: the marketable skills of the supported party; the job market for those skills; the time and expenses required for the supported party to acquire the appropriate education or training to develop those skills; and the possible need for retraining or education to acquire other, more marketable skills or employment. Also, the extent to which the supported party’s present or future capacity is impaired by periods of unemployment that were incurred during the marriage to permit the supported party to devote time to domestic duties.
2. The extent to which the supported spouse contributed to the attainment of an education, training, a career position, or a license by the other spouse.
3. The supporting spouse’s ability to pay spousal support, considering the supporting spouse’s earning capacity, earned and unearned income, assets, and standard of living.
4. The needs of each party, based on the standard of living established during the marriage.
5. The obligations and assets, including the separate property, of each.
6. The duration of the marriage.
7. The ability of the supported spouse to engage in gainful employment without interfering with the interests of dependent children in the custody of the spouse.
8. The age and health of the parties.
9. Documented evidence of any history of domestic violence between the parties or perpetrated by each party against either party’s child.
10. The immediate and specific tax consequences to each party.
11. The balance of the hardships to each party.
12. The goal that the supported party must be self-supporting within a reasonable period of time, with a “reasonable period of time” generally being one-half the length of marriage (except with respect to a marriage of long duration, as described in Family Code 4336), although the court retains discretion to order support for a greater or lesser length of time, based on any of the other factors listed in Family Code Section 4320 and the parties’ circumstances.
13. The criminal conviction of an abusive spouse.

Subsection 14 gives the court the power to consider almost everything that has a bearing on spousal support. It is wise to be represented by counsel to determine which of these factors to present to the court.

The complexity and breadth of these factors highlight the intricacies involved in alimony proceedings. Understanding Family Code Section 4320 ensures preparation and clarity when pursuing or contesting a spousal support claim. It provides clear guidelines for presenting relevant financial statuses and life contexts, ensuring a fair and informed judgment.

Unsure about your liability to pay spousal support in Santa Barbara, or your eligibility to receive spousal support? Call our Santa Barbara alimony attorney at (805) 422-7966 to see how we can help.

Temporary Spousal Support Order in California

After filing for divorce and before final judgment of divorce is entered, the court may order temporary spousal support. This temporary spousal support will continue to be paid monthly by a party until a further court order or the final order of dissolution is entered (Family Code § 3600).

Temporary spousal support is designed to maintain the financial equilibrium during the litigation process, ensuring neither party suffers undue financial stress as legal proceedings unfold. It aims to preserve the status quo, providing a semblance of financial continuity while the mechanisms of permanent support are being negotiated. Understanding its parameters and implications is vital for both supporting and supported spouses to manage their immediate financial futures effectively.

Although a court is required to consider all the factors in Family Code § 4320, most courts will award temporary spousal support based on the income of each party and allowable deductions from such income. In Santa Barbara divorces, courts will use a program called the DissoMaster. The DissoMaster uses the income of each party along with allowable deductions from income to determine an amount of temporary spousal support.

If you’re wondering how much you may be liable to pay in temporary spousal support, call (805) 422-7966 or contact us online now for a DissoMaster estimate.

Permanent Spousal Support Order Considerations

A court may order a party to pay for the support of the other party in any amount, and for any period of time, that the court deems just and reasonable based on the standard of living established during the marriage (California Family Code § 4330). In awarding permanent spousal support, it is reversible error to use computer programs like DissoMaster (California Family Code § 3830; California Rules of Court Rule 5.275; In re Marriage of Schulze (1997) 60 Cal. App. 4th 519).

Unlike temporary orders, permanent spousal support focuses more on the long-term economic impact of the marriage on both parties, requiring a comprehensive evaluation of each spouse's potential for financial independence post-divorce. The court's discretion in these matters seeks to balance fairness with the economic realities faced by each party, acknowledging both the history and future potential of their financial situations.

In awarding permanent spousal support, the court must consider the factors in Family Code § 4320 and determine what is just and reasonable under all factual circumstances presented. See the factors of Family Code § 4320 above.

Permanent support considerations often involve testimony about life circumstances, contributions to each other's careers, and the overall dynamic of the marriage concerning financial stability. Strategic advocacy and thorough preparation can significantly affect the outcome when seeking a fair resolution.

Duration of Spousal Support in CA

There is a presumption that a marriage of 10 years or more is a marriage of long duration. In a marriage of long duration, a court may award spousal support for an indefinite period of time (California Family Code Section 4336).

Understanding the significance of a marriage's length is crucial, as it often dictates the potential duration of financial support. Longer marriages typically lead to longer support terms, recognizing the deeper economic interdependencies formed over time. On the other hand, shorter marriages generally result in shorter support durations, aimed at helping spouses transition to self-sufficiency more swiftly, while still acknowledging contributions made during the relationship.

Marriages of less than 10 years are generally considered short-term marriages. Family Code Section 4320 (12) will generally operate to make spousal support awards for a marriage of less than 10 years for approximately half of the length of marriage.

These are just presumptions. Other factors and evidence can change the presumptions and lead to different results.

Modification of Spousal Support — Change of Circumstances Requirement

In order to modify a prior spousal support order, the moving party must show a material change of circumstances since the time of the prior order.

Modifying spousal support involves complex evaluations of new circumstances that could alter the financial dynamic established originally. This can include changes in employment, significant increases or decreases in earnings, or other relevant life shifts that impact financial needs and capacities. Strategically documenting these changes is critical in presenting a persuasive case for modification.

In order for a modification of spousal support to be granted, the court must find the supported spouse needs the modification and the supporting spouse has the ability to pay.

Circumstances that may allow for a reduction, increase, or outright termination of spousal support requirements include:

• Supporting spouse’s retirement
• Cohabitation of supported spouse
• Failure of an expectation upon which spousal support is ordered
• Financial situation of the parties

Situations that are not sufficient change of circumstances per se for a modification of spousal support include:

• Change of law
• Passage of time
• Remarriage or cohabitation of supporting spouse

Santa Barbara’s Local Rule 1419 & Spousal Support

Santa Barbara Court Local rule 1419 requires a party to provide certain disclosures to the other party when child support, spousal support, or attorney’s fees or costs are in issue. Local Rule 1419 requires a party to disclose the criteria beneath each of the following circumstances.

These disclosure requirements are grounded in transparency, ensuring all relevant financial data and personal circumstances are visible to both parties. This process aims to foster fair negotiations and informed decision-making within the justice system. Adhering to these rules can be pivotal in advocating effectively for one's interests, particularly in terms of financial settlements.

If a wage earner or unemployed:

• Federal income tax returns for the two most recent years
• Bank statements for all personal accounts for the 12 most recent months
• All W-2s and 1099s received in the past 12 months
• A copy of local rule 1419
• A declaration explaining the failure by the moving party to comply with any of the foregoing requirements

If self-employed or owning 30 percent or more interest in any business entity:

• Federal income tax returns for the two most recent years
• All W-2s and 1099s received in the past 12 months
• A copy of local rule 1419
• A copy of all periodic profit and loss statements and balance sheets prepared in the ordinary course of business for the past 12 months
• A copy of all personal bank account statements and check registers for the past 12 months
• A copy of all loan applications submitted to financial institutions or third persons for the past 12 months
• A written offer to either supply a copy of the business books and records requested by the opposing party upon five days’ notice or an offer to permit the opposing party or his or her attorney to inspect such books and records upon five days’ notice
• A declaration explaining the party’s failure to comply with any of the foregoing requirements

Termination of Spousal Support Guidelines

Except as otherwise ordered or agreed to by the parties in writing, the obligation to pay spousal support terminates on the death of either party or the remarriage of the supported party. You can, however, apply for a termination of spousal support under certain factual circumstances.

Understanding when and how spousal support can be terminated helps ensure you are prepared for the eventual transition away from financial dependency or obligations. These legal endpoints often align with life changes like death, remarriage, or negotiated agreements, marking a clear conclusion to the support duties initially established. Recognizing your legal standing in such events can aid in swift and effective adjustments to financial expectations.

Contact Morales Law, P.C. at (805) 422-7966 to discuss terminating spousal support, or fighting against spousal support termination. Attorney Marcus W. Morales is a Certified Family Law Specialist by the State Bar Of CA, Board Of Legal Specialization. Our spousal support attorney in Santa Barbara has the experience and knowledge you need.

Common Mistakes in Dealing with Spousal Support in California

1. Underestimating the Importance of Accurate Financial Documentation: Many individuals fail to provide thorough and accurate financial records. Incomplete or incorrect financial documentation can significantly impact the court’s decision regarding spousal support. It is crucial to present a clear picture of income, expenses, and assets to ensure a fair evaluation.
2. Ignoring the Impact of Career Choices: Some may overlook how their educational and career decisions affect their earning capacity post-divorce. It’s important to understand that choices made during the marriage, such as sacrificing career advancement for family responsibilities, can influence spousal support determinations. Individuals should be prepared to demonstrate how their earning potential has been affected by the marriage.
3. Failing to Respond to Changes in Circumstances: Once spousal support is established, life changes such as job loss, a new job, or a change in financial circumstances can lead individuals to believe they do not need to take action. However, failing to seek a modification when circumstances change can result in unnecessary financial strain or an unfair obligation to pay.

An attorney can play a vital role in helping you navigate the complexities of spousal support, ensuring that all necessary documentation is gathered and submitted correctly. They can provide strategic guidance on how to present your financial situation effectively and advocate for your rights regarding support obligations. Additionally, an attorney can assist in monitoring life changes that might necessitate a modification of the support arrangement, helping you to adapt your strategy in the ever-changing landscape of family law.

Engaging with legal counsel can demystify the intricacies of spousal support proceedings, providing clarity and confidence as you navigate procedural nuances. A strategic approach informed by legal insight can significantly influence the outcomes of support agreements, positioning you for a fair financial recovery or obligation adjustment in alignment with your personal circumstances.

Frequently Asked Questions About Spousal Support in Santa Barbara

What Are Some Common Misunderstandings About Spousal Support?

There are numerous misunderstandings surrounding spousal support, particularly regarding what it entails and who qualifies for it. A common misconception is that only women can receive spousal support. In reality, either spouse can be awarded support, depending on the financial situations and contributions of each partner during the marriage. Another misunderstanding is that spousal support is automatically granted in every divorce. Cases are actually more nuanced, with payments determined by factors like the duration of the marriage, the earning capacity of each spouse, and mutual financial obligations.

People also often think that the amount of spousal support agreed upon initially will remain static. However, court orders can be modified if there is a significant change in circumstances, such as a job loss or an improvement in earning capacity. It's vital for individuals going through divorce to consult a knowledgeable alimony lawyer to gain clarity on their specific situation and navigate these grey areas effectively.

How Does the Cost of Living in Santa Barbara Affect Spousal Support Calculations?

Living in Santa Barbara undoubtedly impacts spousal support calculations due to the high cost of living in the area. Courts consider the standard of living established during the marriage, and in Santa Barbara, maintaining a similar lifestyle may require higher support payments. Local economic conditions, such as housing prices and the general cost of goods and services, are taken into account when setting these payments.

Moreover, judges may also evaluate how a move from a shared household to separate residences will affect each party's financial situation. Therefore, potential living costs post-divorce are key elements in assessing spousal support needs. Both parties must present a detailed accounting of their finances and anticipated living expenses to ensure that support orders are equitable and sustainable given the local economic environment.

What Steps Should I Take if I Can No Longer Afford My Current Spousal Support Payments?

If you find yourself unable to meet your spousal support obligations, it is essential to act swiftly. The first step is to review your current financial situation to determine the nature and extent of the change impacting your ability to pay. Gathering documentation that evidences your financial change, like pay stubs, tax documents, or medical bills, will be critical in supporting your adjustment request.

Once you've assessed the financial changes, you should consult with a qualified spousal support lawyer to discuss modifying the support order. Legal professionals can offer guidance on petitioning the court for a modification based on your altered financial status. Remember, until a court grants a modification, you remain obligated to fulfill your current support order, so prompt action is advised.

Can Spousal Support Orders Be Enforced if Payments Are Not Made?

Yes, spousal support orders can be enforced through several legal mechanisms if you encounter non-compliance with payment terms. The person entitled to receive payments may seek court intervention, which can implement various enforcement actions. These include wage garnishment, where a portion of the payor's salary is automatically withheld and directed towards the support payments, and contempt proceedings that may result in penalties for non-payment.

The court may also intercept tax refunds or place a lien on the payor's property to secure owed amounts. To avoid these stringent measures, communication and negotiation with the assistance of legal counsel is advisable. Ensuring everyone adheres to the orders helps maintain civility and focus on amicable resolutions instead of contentious enforcement actions.

How Do Prenuptial Agreements Affect Spousal Support in California?

Prenuptial agreements play a significant role in determining spousal support terms should a marriage end in divorce. These agreements typically outline pre-arranged support arrangements, which the court usually honors, provided the contract was executed fairly and without coercion. California law emphasizes the necessity for both parties entering the agreement to have full disclosure of assets and legal counsel to ratify the agreement.

If a prenup contains a waiver of spousal support, its enforceability will depend on specific circumstances, including whether both parties willingly agreed to forgo support under conditions of full financial transparency. However, circumstances could alter terms if unforeseen situations, like a significant change in lifestyle during the marriage, emerge. Hence, consulting a legal professional when drafting or contesting prenuptial agreements ensures clarity and adherence to state law.

*All information on this website is for information purposes only. This website and the information herein should not be construed as legal advice or be relied upon without first consulting an attorney.