Advocating For Your Best Interests
Under California law, spousal support (sometimes called alimony or spousal maintenance) is money paid by one spouse to the other before and after a divorce is finalized. In contrast to child support, no party is legally entitled to spousal support. Moreover, spousal support is not calculated using a preset statutory formula. Although the law requires the court to consider numerous factors in rendering its decision, whether or not the court awards spousal support is within its discretion.
Disputes over spousal support can be complicated, so it is important to have a savvy Orange County alimony attorney on your side. The attorneys at The Law Offices of Dorie A. Rogers, APC, have more than 30 years of experience helping clients resolve even the most complex spousal support disputes, including those involving high-income spousal support.
Often negotiate a property division settlement that renders a spousal support award unnecessary in order to help clients avoid the uncertainty of a court battle. However, we will tenaciously advocate for our client’s interests at trial if the other party is not willing to agree to a fair settlement.
We understand that alimony and spousal support negotiations can be emotional and challenging, and you can expect our team to guide you through every phase of your legal proceedings. If you need to make a strong case for alimony, we will gather evidence and work with professional experts to develop a compelling case. If you are expected to pay alimony, our firm will ensure your alimony arrangement is fair and reasonable.
Our Orange County alimony lawyers have decades of experience representing parties throughout Orange County and Riverside County, California, who are both requesting and opposing spousal support awards. Contact us to schedule a consultation.
Newport Beach Spousal Support Lawyers
Temporary Spousal Support
The intention of temporary spousal support is to preserve the family’s standard of living during the divorce process. A party may request temporary spousal support by filing a motion with the court at the time of separation.
It’s important to note that temporary spousal support may take effect prior to a divorce’s finalization. The judge may decide that temporary support is in the family’s best interest, and the subsequent divorce proceedings may result in either an extended temporary spousal support arrangement or permanent spousal support depending on the court’s determination.
Permanent Spousal Support
If you have been married for 10 or more years, the court may choose to award permanent spousal support. Such spousal support continues until the death or remarriage of the supported spouse, or until a substantial change in circumstances merits a modification of the spousal support order. Every spousal support arrangement will have a list of “terminating actions” that stipulate the conditions under which the agreement ends. If you are subject to a spousal support agreement, it’s vital to know the criteria for a terminating action that ends your support agreement, whether you are paying or receiving support.
Many factors are involved in awarding permanent spousal support, including:
- The duration of the marriage. The longer a marriage has lasted, the more likely spousal support is to come into play during divorce proceedings. In the event a spouse has given up years of working to support their family, they are likely to receive spousal support for an extended time following divorce.
- The ability of one spouse to pay the other. If one spouse owns and controls more property and assets than the other, the court may decide they have more than enough capability to pay spousal support to the other.
- The age and health of each spouse. Some spouses have disabilities or chronic medical conditions that require consistent treatment. If they relied on their spouse to afford their medical care, or if they are too old or unable to rejoin the workforce, permanent spousal support is likely to come up during divorce negotiations.
- The earning potential of each spouse. It’s not uncommon for one spouse to earn significantly more income than the other. In these situations, the court typically bases their support decision not upon the basic living expenses of the supported spouse, but the amount the supported spouse must receive to maintain an equivalent lifestyle to what they had while married.
- The tax consequences for each spouse. Different types of properties and investments carry different tax liabilities. During divorce proceedings, each of the divorcing spouses’ individual tax burdens will come into play and influence spousal support determinations.
- Whether one party lost earning potential due to time spent raising children. If the divorcing couple has children and one of the spouses left their job to raise the children at home, it matters the marital dissolution. The stay-at-home spouse likely lost years of professional experience in their previous career and a long gap in their work history, both of which can be detrimental when they now need to find a full-time job. The court may award spousal support to a former homemaker so they can afford the cost of higher education, professional certification, or rejoining the workforce at the entry-level.
- Whether one party contributed to the other party’s education or professional license. It’s common for married couples to financially support one another through college and professional certification. If one spouse contributed to the others’ education and professional career, the court will take this into account when making spousal support determinations.
- The length of time that spousal support is needed. Some divorcing spouses will be able to make convincing arguments for permanent support based on their medical condition, age, earning potential, and other variables. The court decides an appropriate length for payments to continue based on the facts of the case, and permanent support is typically awarded when one spouse has a clear financial need for long-term or permanent support.
- A history of domestic violence between the parties. If one divorcing spouse abused the other, the victim has a much higher chance of securing long-term spousal support, especially if they incurred economic damages from their experiences during the abusive partnership.
An experienced Orange County alimony attorney can help you determine your needs when it comes to spousal support, or help you assess your responsibilities if you think you may need to pay alimony to your ex. Whatever your case may be, you can rest assured that our team will do everything in our power to guide you toward a fair and reasonable result in your spousal support determination.
Professional Guidance for Your Alimony Case
One of the most important parts of any alimony determination is discovering the true extent of the divorcing partners’ financial needs. Our firm is prepared to work with expert witnesses to support your end of your alimony determination. We may consult with forensic accountants, vocational advisors, medical experts, and other professionals who can provide valuable insights into your situation.
For example, if you must pay alimony to your ex, but you believe they are requesting more support than they actually need, our team can work with professional experts to help you investigate the finer details of your alimony case. For example, a forensic accountant can help to uncover hidden assets, and a vocational advisor could assess your spouse’s true earning potential. If you are expecting to receive alimony due to a long-term disability that prevents you from working, talk with us. We can gather the documentation providing your medical history and treatment needs and have your disability rating objectively assessed by a medical professional to support your case.
Why Do I Need an Orange County Alimony Attorney?
It’s only natural for divorcing spouses to be concerned with their individual best interests. Whether you are trying to maximize the support you’ll receive through an alimony agreement or minimize your alimony obligation in your divorce agreement, an Orange County alimony attorney can be an invaluable asset.
Your attorney will gather the evidence and documentation you need to make a strong case, whether you’re fighting for or against alimony. At the Law Offices of Dorie A. Rogers, our team has handled countless complex divorce cases in Orange County, including those with difficult questions concerning spousal support and alimony. If you are mediating your divorce, we will help you develop a strong bargaining position for spousal support. If your divorce is heading for litigation, our team can ensure your proceedings unfold fairly and follow all necessary procedures.
Contact Our Laguna Beach, California, Temporary Spousal Support Attorneys
Hiring the right Orange County alimony lawyer can make a significant difference in the outcome of your spousal support negotiations. It’s essential to have reliable legal representation to guide you through the difficult divorce process, and our team is ready to help you. To learn more about spousal support in California, please contact The Law Offices of Dorie A. Rogers, APC, at 714-602-1492 to schedule a consultation with a Newport Beach spousal support attorney.
“Dorie is a very powerful attorney and a great asset to have on your side in any family legal matter. She is extremely bright and insightful, and I got everything I asked for in my lawsuit.”
“I would strongly recommend Ms. Dorie Rogers for any legal needs. During my Divorce proceedings, Dorie’s professionalism, expertise in Divorce Law and legal skill helped bring my case to a close in both a timely and mutually agreeable manner.
Additionally, Dorie took the time to understand me and my background to better represent me in my case. She showed a level of caring and concern that helped me through a very difficult time. She is an outstanding lawyer and wonderful person.”
“Second to none – I wouldn’t hesitate to recommend Dorie to anyone. She was my attorney for my divorce and custody case. She will do everything it takes to get the job done and all with a smile on her face. Her knowledge and expertise will assist anyone in a family law situation get the results they want.”