Spousal support is a form of direct monetary support paid from one spouse to another. This typically occurs during separation or divorce proceedings, but these orders also typically remain in place after a divorce as well. A dedicated family law attorney could help you understand how a spousal support order might impact your circumstances.
If you are divorcing in Camarillo, the court could order you or your spouse to make spousal support payments. The judge often has discretion in these cases, which makes it critical that you have an advocate fighting for your rights. A Camarillo spousal support lawyer could be that advocate.
An individual could seek spousal support from the courts in four situations. While most spousal support cases stem from divorce, a spouse may also seek these payments during a separation, following an annulment, or while a domestic violence restraining order is in place.
While a judge has some discretion when it comes to award spousal support, they base their decision on many factors, including:
A motivated family law attorney in Camarillo could present the case for spousal maintenance to the court, taking into account everything the judge considers when making their ruling.
Several important factors determine not only whether a spouse gets financial support but also how long that support will last. Some support is designed to be temporary, only lasting during the course of the divorce process. Other support payments could extend indefinitely. A well-versed lawyer in Camarillo could calculate how long spousal support payments might last in any given situation.
The primary guideline for determining how long support will last is known as the ten-year rule. Under the ten-year rule, the length of the marriage will directly correlate to how long the court will enforce a spousal support obligation. Couples who are married less than ten years prior to their divorce will have any spousal support capped at half the amount of time they were married. For example, a person married for six years would not face more than three years of spousal support obligations in most cases. That said, this rule is not set in stone, and the court has the power to deviate from it.
Any marriage that lasts more than ten years is treated as “long-term.” With a long-term marriage, a judge does not have the power to set an end date on support payments. This support often lasts until the supported spouse passes away or remarries.
A spousal support order could have a dramatic impact on your finances in the future. This is the case whether you are likely to benefit from a spousal support order or if you are obligated to support your former spouse in the future.
A Camarillo spousal support lawyer could help you protect your interests during the divorce process. Reach out today to learn more.
Hoffer Family Law Firm