HFLG has proven, through years of experience, it is more than competent at dealing with complex support issues. When you are facing marital separation, representation by the HFLG team makes the entire process smoother. Mr. Hittelman was the first Deputy District Attorney hired by the Orange County District Attorney’s Office to handle just such cases. Today, the HFLG attorneys know how to deal with even the most complex of income and support situations.
Spousal Support Issues
Whether clients need an initial setting of spousal support or need a modification of the amount, HFLG has the experience to guide you to the best outcome. We know how to organize the gathering of information and resources – tax information, vocational examination and needs assessment. In most marriages there are two types of support to consider: Spousal support and Child support. In this article, we will cover some frequently asked questions regarding spousal support. Please note, this is not meant to be construed as legal advice. These answers are merely for informational purposes only and use of this information does not infer representation by our firm.
Does Adultery Affect Spousal Support?
Spousal Support is based on financial need and earning ability of the spouses. It is not determined as a punitive measure for adulterous behavior by the spouse. Since California is a no fault divorce state, evidence of adultery is not usually required in spousal support decisions.
What is the Statute of Limitations on Spousal Support?
Spousal Support, once called alimony, is open to collection efforts until it has been paid in full, once it is ordered by the court. Often people ask about the statute of limitations on spousal support collection. In fact, there is no statute of limitations regarding the collection of spousal support.
How Long is Permanent Alimony in California?
Permanent alimony is something of a misnomer. When marriages last a long time, the court might grant a prolonged period of spousal support. Generally, for marriages lasting less than ten years “permanent alimony” or long term support, lasts no longer than half the length of the marriage. The length of the marriage is considered to be the time between the date of marriage and the date of separation. If your marriage lasted nine years, you might pay or receive spousal for roughly four and a half years. Courts today rarely award lifetime spousal support. Normally, if it is awarded, it is only in cases where the marriage lasted at least ten years.
Does Spousal Support End at Retirement?
California law does not require a former spouse, who is paying spousal support to continue working to meet those payments if he or she is eligible for retirement. But a pension earned during the marriage could be considered to be a join asset. There are exceptions, but in most instances, a court order is needed for someone who is divorced to get a share of a pension after the divorce is finalized.
There are many more complex support issues, and we would be happy to discuss your options if you contact us or give us a call at 949-210-3260. Learn how our experience can make the difference in your complex support issues.