The Types of Spousal Support Offered in California
In a vast majority of divorce cases, couples can work together through difficult issues, such as property division or child custody without having to go to court. Despite this, there are many couples that require judicial intervention when it comes to spousal support. If you are contemplating divorce, seek the professional support of an experieinced attorney who can advocate on your behalf. The Inland Empire family law attorneys at the Knez Law Group, LLP can represent your case.
Unlike most family law matters, spousal support cases can become quite contentious, and the attorneys at the Knez Law Group, LLP understand this. With over five decades of dedicated legal experience, the firm is recognized as one of Southern California’s most reputable law firms. To schedule a complimentary consultation with the attorneys at the Knez Law Group, LLP, consider calling (951) 742-7681 or complete the confidential contact form here.
What is Spousal Support?
Spousal support, also known as alimony, is court-ordered payments made from the higher-earning party to the other during the process of divorce and usually after the divorce case has been finalized. Spousal support is meant to make the transition easier for the lower-earning spouse, but this often seems unfair to the higher-earning spouse. Still, spousal support is meant to ensure that both parties walk away from the marriage on a balanced financial footing, which may not be possible without the additional support.
Types of Alimony in California
Under California family law, rehabilitative, temporary, and permanent spousal support are offered. Additionally, the law recognizes a unique type of spousal support known as reimbursement support.
Temporary Support – Supported spouses can request temporary spousal support from a judge during the pendency of the litigation. If awarded, the temporary spousal support will usually commence from the date it was requested until the court finalizes the divorce and makes a final order of spousal support. Temporary support allows lower-earning spouses to pay for their living expenses while the divorce process continues.
Rehabilitative Support – This type of support is perhaps the most common type of alimony in California. The goal of this form of support is to offer lower-earning spouses enough financial support so they can gain valuable skills or schooling to become self-supporting.
Permanent Support – Permanent support is not frequently awarded and it is usually reserved for spouses who end long-term unions. Under California Family Code §4336, there is a presumption affecting the burden of producing evidence that a marriage of 10 years or more, from the date of marriage to the date of separation, is a marriage of long duration. In other words, the party claiming a long-term marriage for permanent support will have a presumption of a long-term marriage if there is evidence that the marriage is more than 10 years from the date of marriage to separation. The objecting party then bears the burden to overcome the presumption.
Reimbursement Support – Unlike most states, California is unique in offering reimbursement support. This support can be requested when one party helped to finance the other party’s career advancement or education during the marriage. The financing spouse can seek reimbursement to recoup the investment.
Schedule a Complimentary Consultation From a Reputable Law Firm
Today, spousal support remains controversial. Nonetheless, paying or receiving spousal support may be required during a divorce. Before you file for divorce or respond to divorce papers, you should know that there are many legal matters that can affect you and your family. To ensure your interests are protected, obtain the support of a reputable law firm.
At the Knez Law Group, LLP, the firm understands the complexities of divorce cases, including those that require spousal support. The firm offers legal support and proficient representation based on trust, integrity, and understanding. To schedule a free consultation with the firm, consider calling (951) 742-7681 or complete the quick and confidential contact form here.
Matthew J. Knez graduated from the University of Redlands in California where he earned a Bachelor of Arts degree in Creative Writing. He went on to pursue his Law Degree at the University of LaVerne, College of Law in Ontario, California. While pursuing his law degree he earned various awards, including CALI Award in Torts and he was on the Dean’s List. Mr. Knez was also a member of the Justice and Immigration Clinic where he worked with people seeking asylum into the United States from countries where they had experienced persecution or threat of persecution. Additionally, Mr. Knez was a member of Law Review where he was an Associate Editor and published a Law Review article on California family custody move-away cases.