Orange County Spousal Support Lawyer
Every marriage is different and so is every divorce. Nevertheless, if you are seeking a divorce in California, going through a divorce right now, or anticipating a divorce in the weeks to come, it’s not at all unusual to be anxious about your future now that you will no longer be in a relationship. How much spousal support (alimony) will you receive, or how much will you have to pay? How is the amount of spousal support determined by the courts? At the Bayati Law Group, we exclusively practice family law. Our experienced Orange County divorce attorneys have extensive experience advocating for divorcing spouses who are seeking alimony as well as those who are ordered to pay spousal support.
Alimony is a contentious and controversial topic both inside and outside the courtroom. As you probably know, alimony – the legal phrase now is “spousal support” – is in most cases a regular payment made by one ex-spouse to the other after a divorce. Alimony is awarded to ensure each party can maintain the standard of living that was established during the marriage. Decisions regarding spousal support are made completely separate from child support, visitation, and property division agreements. If you anticipate a dispute regarding alimony during or subsequent to your divorce, arrange at once to obtain the legal advice you need by speaking with an experienced Orange County divorce attorney at the Bayati Law Group.
WE FIGHT FOR FAIR AND ADEQUATE SPOUSAL SUPPORT
A Bayati Law Group family law attorney can also review your current spousal support agreement – whether you are paying alimony or receiving it – to determine if the agreement is fair and appropriate for you, and if it’s not, we can help you seek to modify it. For many years, the Bayati Law Group has successfully represented scores of now-satisfied clients in spousal support disputes and other matters of family law in Orange County and across southern California.
When one spouse has stayed home or has only worked a part-time job and has been dedicated to raising children and/or to supporting the other spouse’s career or business, that spouse has the legal right in a divorce proceeding to seek alimony from the full-time income earning spouse. The amount of alimony that a California court awards to an ex-spouse will depend on each couple’s particular circumstances, history, assets, and current incomes. Once the court has made a decision, the paying spouse is required to pay. Similar to child support, spousal support is subject to enforcement by the court.
If divorcing spouses can come to their own mutual agreement regarding alimony, the court will almost always sign off on that voluntary agreement. If there’s an alimony dispute, after determining who will pay whom, the amount and terms of alimony will be determined by the court and the judge will issue orders that each party must follow. When a divorce is uncontested, it means that the parties have arrived at their own agreement regarding alimony payments during the mediation process.
WE FULLY EXPLAIN ALL OF YOUR LEGAL OPTIONS
After a divorce, spousal support can be paid in several different ways in California. If you expect to be paying spousal support, you should learn about “lump sum” spousal support payments and other potentially helpful alternatives. A lump sum payment, like it sounds, is a alimony payment made “once-for-all-time” rather than monthly or on some other basis. A good divorce attorney can acquaint you with all of your potential legal options.
In some divorces, spousal support is temporary; in other cases, it’s “permanent.” Temporary spousal support payments are paid to the recipient for a specified length of time and stop on a precise date. Permanent spousal support payments can also cease, but only after a court’s alimony order has been modified. When ex-spouses cannot agree regarding alimony, a court will determine what method of alimony payment is most appropriate based on a number of factors including need and the ability to pay.
If you pay alimony in a lump sum, you may be able to avoid conflict with your ex in the future. And when your ex pays you a lump sum up front, it means that you do not have to worry about having to collect a payment every month. You also may be able to receive more in a lump sum, as the lump sum is calculated based on what you would receive in future payments – not current payments – because inflation is taken into account.
Spousal support in California is considered taxable income by the Internal Revenue Service and by the state of California, so if you receive a lump sum alimony payment, you will have to pay the taxes all at once for the entire amount. Every divorce has tax implications and when even a modest amount of money, investments, and/or property is involved property, your taxes will be affected. A spousal support attorney can provide you with the knowledge and resources you need to make the right decision and get through this difficult process. That’s why it’s imperative to seek out an experienced divorce attorney who fully understands all of the financial issues that may emerge in a divorce.
WHAT HAPPENS IF CIRCUMSTANCES CHANGE?
When either ex-spouse’s circumstances change after a divorce, either spouse can seek a modification of the alimony arrangement, but you’ll need an attorney’s help, and any modification must be approved by the court. You should also know that if you have been convicted of domestic violence within the previous five years, and if you are seeking alimony payments, California law allows a family court judge to deny or reduce the alimony payments that you might otherwise qualify to receive.
The most important concern regarding alimony is that it’s fair to both ex-spouses. If you are divorcing in the state of California, make absolutely certain that the alimony arrangement treats you fairly and justly. You can help to ensure that fairness by working from the beginning with an experienced Orange County divorce lawyer at the Bayati Law Group. If you are divorcing in southern California, you should make the call as quickly as possible.
SCHEDULE A CONSULTATION WITH US
Whether you need immediate legal counsel and representation from an experienced Orange County divorce attorney, or if you simply need legal advice and guidance for the future, the Bayati Law Group is available to offer an assessment of your situation, to discuss and consider the full range of your legal options, and to help you make the right decisions regarding yourself, your children, your divorce, and a number of divorce-related issues.
Our lawyers value the attorney-client relationship. Every one of our clients and prospective clients is treated with complete respect and is extended every possible professional courtesy. Every client phone call and email request is returned promptly by someone in our office. You can schedule an appointment right now to speak with an experienced Orange County divorce attorney at the Bayati Law Group by calling (949) 798-5700 or by completing the form on the contact page of this website. The Bayati Law Group represents clients in all matters of family law in Orange County and throughout southern California. To see driving directions and a map of our location, visit the contact page on this site.