Ontario Spousal Support Lawyer

Filing for divorce can be an overwhelming process, and there is much to consider from start to finish. Our trained and experienced family law attorneys at All American Law realize that this can be a stressful time. We are here to make sure you have the resources and support you need to win your case.

During the divorce filing process in Ontario, CA, it is critical to be aware of your rights or obligations with regards to spousal support, or alimony. In particular, you will want to know:

• Why spousal support exists
• How long and how much will be paid out
• What exactly you will need to pay or receive

This way, you can adequately prepare for your future.

Spousal Support Explained

Spousal support, otherwise known as alimony, is the word designated for payments made directly to your spouse with lower earnings after divorce filings. They typically come in the form of a monthly payment, and the length of time that they will last depends on each case. There are two main kinds of spousal support: temporary and permanent.

Temporary and Permanent Spousal Support

During an ongoing divorce proceeding, temporary spousal support is sometimes requested. It is used to ensure that the lower-earning spouse is financially covered until the divorce is finalized. Permanent spousal support, also known as “post-divorce judgment” support, is a form of spousal support according to 14 specific factors, which include the duration of the marriage and the standard of living during the marriage. Permanent alimony payments usually stop when the receiving spouse remarries or when one of the spouses passes away. The payment amount typically stays the same but can change if the spouse making payments retires. It can also be altered if they run into outstanding circumstances that limit their capacity to pay.

Reimbursement Spousal Support

There is also a kind of spousal support called reimbursement alimony, which may be paid independently of, or concurrently with, other spousal support. Reimbursement alimony has the purpose of addressing a specific goal, such as financing the education of the receiving party. This theoretically gives the receiving spouse more potential earning power so that they can be less dependent on spousal payments in the future.

Lump-Sum Spousal Support

Lump-sum spousal support gives the payor the option to buy out an existing spousal support obligation instead of having to make monthly ongoing payments. They can do this by either handing over property or assets or taking on certain liabilities. This is an opportunity for a separated couple to move on from their past instead of being regularly reminded of painful past happenings. Once lump-sums have been paid, they cannot be modified, in contrast to regular ongoing payments.

The Reasoning Behind Spousal Support

The purpose of temporary and permanent spousal support differs for each form of support. For temporary spousal support, the purpose is to sustain the existing standards of living that each spouse had until the permanent support conditions have been decided, in addition to the ultimate portioning of debts and assets. Permanent spousal support exists to provide a spouse with enough financial support to meet basic needs and maintain their previous lifestyle.

In the state of California, it is expected that each spouse needs to implement measures to be able to support themselves after a given amount of time. Spousal support continues to provide a spouse with financial means and support while they seek new employment or other means of support.

FAQs About Ontario, CA Spousal Support Law

What determines spousal support in California?

To determine the length and amount of spousal support that will be disbursed, certain factors listed in Family Code 4320 are used. This contains 14 key elements, which include, among other complex considerations:

• Age
• Health
• Previous salary and lifestyle
• Existing skills and education
• Existing property and debt

To give the judge all the necessary information, the spouses going to court must fill out forms disclosing everything required by Family Code 4320.

How long do spousal support payments last?

Spousal support payments should last from the time of divorce until the supported spouse is able to establish a new stream of income that satisfies their standard of living. This time is loosely estimated by halving the length of the marriage. For example, a marriage lasting 6 years will have a spousal support payment period of 3 years. There is no time limit on spousal support payments for marriages that last more than ten years, and the lower-income spouse will receive payments for as long as the other party can pay.

What is the average spousal support payment in California?

Spousal support payments vary across California, depending on which county you live in. There are five major county-based formulas for calculating this number: Alameda, Marin, Kings, Yolo, and Santa Clara. The general rule for calculating temporary spousal support in California is to subtract 40 to 50 percent of the lower-earning spouse’s income from 35 to 40 percent of the higher-earning spouse’s income. The temporary amount agreed upon does not reflect what the final, permanent spousal support will be.

Is spousal support mandatory in California?

No, spousal support is by no means mandatory in California. During divorce proceedings, the court may order a higher-earning spouse to make payments to a lower-earning spouse. However, this is not always necessary if, for example, the spouses make similar incomes or there are no dependent children in the picture. If both spouses can keep their existing lifestyles while separate from each other, then there is no reason to award support.

Contact All American Law

Perhaps you are looking to fight for more spousal support from your ex-partner, or maybe you are in a position where you are making payments and can no longer afford to keep paying the existing amount. Regardless of what your spousal support needs may be, our All American Law divorce lawyers in Ontario are here to listen and help guide you through the courts so that you can get the results you need. Reach out to our office today to find out how our experienced and dedicated Ontario lawyers can help with your alimony issues.