San Luis Obispo Spousal Support Attorney
Our Divorce Law Firm is Equipped to Assist You With Your Legal Matter
Working through a divorce can be an extremely emotional time and agreements
through out of court mediation are not always possible. Spousal support
can be a central issue in divorce proceedings. When both parties cannot
come to an agreement on what is best, the decisions regarding spousal
support can be left up to a court. Many factors concerning spousal support
are highly subjective and an experienced spousal support attorney can
help to protect your interests.
Whether you are anticipating a legal matter of family law or are seeking
to modify an existing spousal support agreement, our San Luis Obispo divorce
attorney at Gillett Law can provide compassionate legal advocacy. At our
firm, we take a holistic approach to client service and from the moment
you walk through our doors, you will never be just a number.
Read our testimonials
and see what our past clients have to say about our firm.
How the Amount of Support Is Determined
Spousal support payments are intended to be a bridge for a low-income spouse
between the quality of life experienced during a marriage and the goal
of self-sufficiency. Spousal support is not an automatic process and is
most commonly employed in longer marriages where there is a large discrepancy
between each spouse’s salaries. Deliberations concerning spousal
support have no definite methods for determining appropriate monetary
support and are largely left up to the discretion of the court.
Generally, when determining the amount of support necessary, a judge will
consider the ability of the higher earning spouse to pay alongside the
present and projected needs of the spouse seeking support.
The judge may consider factors such as:
- The standard of living experienced during a marriage
- Income and debts of each spouse
- Age and health of each spouse
- Present and future needs of any dependents
- Length of time a spouse has been out of the workforce
Length of Spousal Support
In California, the duration of spousal support payments is most affected
by the overall length of the marriage. For marriages lasting less than
ten years, spousal support is commonly set for half of the duration of
the marriage. For marriages lasting over ten years, the duration of spousal
support is less clear and may not have a set date of termination. Although
post-divorce spousal support is often referred to as “permanent”,
cases of indefinite support are usually reserved for spouses who are unable
to regain financial independence due to age or physical disability.
Events which can lead to the termination of spousal support include:
- The spouse receiving support remarries
- A spouse successfully becomes self-supporting
- Changes to the employment status of either spouse
- A spouse does not become self-supporting after a reasonable amount of time
Modifications to Spousal Support
As circumstances change, it is possible to request modifications to a spousal
support agreement. Whereas a drastic change in circumstances can bring
about the need to terminate spousal support, it can also lead to a modification.
A change must be significant in order to modify a spousal support agreement.
For example, a drastic change in income can leave one party unable to
continue payment of the agreed upon amount. A timeline for considering
modifications can also be written into the terms of a spousal support
agreement, but it must be approved by both parties.
Legal Representation for Divorce and Spousal Support
Spousal support agreements can be complicated, especially when both parties
disagree on what is best. A San Luis Obispo divorce attorney can advise
you on the best options and even help you discover alternatives which
you may not have considered. At our firm, we strive to provide client-focused
service and our lead attorney has been named a 2016 Avvo Clients’
Choice in Family law. When your family's interests are at stake, look
no further than Gillett Law.
Schedule a personal consultation
today and talk to a lawyer with a proven track record in mediation, arbitration