Divorce is a complicated and multi-faceted process. Post-divorce settlements might require spousal support (alimony) that infringes on your financial capabilities for a long time. If your financial situation has changed significantly, you might be wondering how to avoid paying spousal support in California. We can help you analyze your options.
What Is Alimony in California?
Alimony, or spousal support, refers to payments one spouse makes to the other during and after divorce proceedings, either through a settlement or trial. If one spouse earns more, support helps the lesser-earning spouse, typically until they are self-sufficient. A family law attorney can assist in navigating spousal support issues.
How Is Spousal Support Determined?
Spousal support isn’t mandatory. Whether a spouse receives spousal support and the amount they can expect to receive is determined by:
- Standard of living – if the couple had a high standard of living while married, spousal support payments are calculated to allow both spouses to maintain this standard until the lower-earning spouse can sustain it on their own.
- Length of marriage – a longer marriage typically means that alimony payments may be required for a longer amount of time.
- Earning capacity – the potential income they can earn is dependent upon factors like their education, age, and level of work experience.
- An individual spouse’s emotional state or physical condition – if there are deficiencies in a spouse’s health or stability that affect earning capabilities, alimony payments might be awarded.
Keeping these factors in mind can help you argue that you shouldn’t be required to pay alimony.
How Can I Avoid Making Spousal Support Payments in California?
If you are required to make spousal payments in California, you can’t simply avoid paying them. However, you can take steps to lawfully circumvent the payments by:
- Focusing on the fact they’re not automatically awarded – you can work to build a strong case to show that payments are unnecessary for your situation.
- Proving your spouse has moved on – if you can prove your spouse has started living with someone other than you, you can potentially remove any need for spousal support payments. If your spouse has begun to split living costs with someone else, they might not need financial assistance directly from you.
- Getting a prenuptial agreement – you can sign an agreement that sets divorce parameters right at the start of the marriage, especially if you start the marriage with higher earning capabilities or more assets than your spouse.
- Keeping fairness in mind – divorces in California focus on fairness and equity for both spouses involved in the divorce and compromise might be helpful in order to create a balanced settlement.
- Retaining the right attorney for your case – working with a California attorney experienced in family law and divorce cases is important.
An attorney who has handled many California divorce cases can discuss potential factors that the courts typically consider when deciding whether to award alimony. They can help you consider other potentially successful strategies so that you can avoid paying spousal support. A spousal support lawyer can provide specialized guidance to ensure your interests are protected.
Should I Hire a California Attorney for My Spousal Support Case?
Hiring a California attorney for your divorce and spousal support case can help:
- Provide you with legal counsel
- Help prepare legal documents on your behalf
- Negotiate during divorce proceedings
- Gather admissible evidence
- Help develop a winning strategy
- Reduce your stress knowing you have legal assistance
Family law can be stressful and often complicated. It’s important to speak with an experienced spousal support attorney in California.
FAQs
How Can I Stop Paying My Alimony in California?
If you want to eliminate or modify the spousal support you are already paying, you must obtain a court order permitting these actions. You might need proof of significant changes to the living circumstances of your spouse or their financial situation. You can argue these changes have occurred since the initial alimony order started by petitioning the court. An experienced attorney can discuss the petition requirements, suggest new terms for a court order, and answer any questions you have.
Can Spousal Support Be Waived in California?
California law does allow spousal support to be waived, provided the support was waived before the marriage began. The waiver is accepted if it was completed by way of a written, valid prenuptial agreement. However, for the waiver to be valid, both spouses must have had an attorney and been of sound mind when it was executed. An attorney familiar with prenuptial agreements can discuss spousal support and waivers and answer your questions.
What Mistakes Do People Sometimes Make Regarding Spousal Support Payments in California?
Sometimes, people make mistakes with spousal support in California, including:
- Assuming it’s guaranteed/automatic
- Assuming it lasts forever
- Ignoring updated financial status, like a new job or inheritance windfall
- Forgetting to address spousal support if the other spouse remarries or dies
You can adjust your spousal support judgment by drafting a supplement agreement with your spouse and finalizing it with the court. An attorney can help draft the agreement and further address other mistakes to avoid.
How Much Does a Family Law Attorney Cost in California for a Divorce Case?
In California, attorneys charge their clients in a variety of ways. Your individual case’s attorney fee structure typically depends on the complexity of the case and the level of your attorney’s experience handling comparable divorce matters. If you need to hire a family law divorce attorney, it’s important to ask the attorney about their written compensation agreement during an initial consultation.
Contact Our Lawyers Team to Get Help with Your Divorce Case
Divorce and spousal support issues can be quite challenging without an experienced attorney by your side. The right attorney can provide peace of mind through your divorce, allowing you the space to get your life back on track.
The Law Office of Stacy L. Campuzano can answer any questions you may have about your specific situation and can provide compassionate legal counsel in your case. Contact our office right away to set up an initial consultation. We can discuss the details of your spousal support issue and help you decide how to proceed.
