Westlake Village Spousal Support Attorney

Helping Spouses Recieve The Support They Deserve in Westlake Village 

In many divorce cases, one spouse or domestic partner was dependent on the other for financial support while married and may therefore face financial stress upon divorce.

In order to obtain fair spousal support or to avoid being ordered to pay too much, it is vital to retain a spousal support  lawyer in Westlake Village who knows your rights and has the experience and skill to fight for a fair court order. Richard Ross Associates can help!

Call Now to Schedule Your Consultation with a Spousal Support Lawyer in Westlake Village

Permanent Vs. Temporary Spousal Support

A trial court should not base a permanent spousal support award on the temporary spousal support guidelines; the purpose of temporary support order is to maintain the parties in status quo pending the outcome of the divorce controversy.

Permanent spousal support is sometimes referred to as “judgment spousal support” or “long-term spousal support”.  Permanent spousal support is not always permanent, although in some cases it might be permanent.

"The purpose of permanent spousal support is not to preserve the pre-separation status quo, as in temporary spousal support, but to provide financial assistance, if appropriate, as determined by the financial circumstances of the parties after their dissolution and the division of their community property."  Stated another way, temporary spousal support looks forward at the beginning of the case, while permanent spousal support looks backward at the end of the case, at the time of trial or settlement.

  "[T]he purposes of pendente lite allowances to a wife or former wife are to maintain her in her accustomed manner of living pending the outcome of the action and to enable her to present her side of the controversy fully. On the other hand, the object of permanent allowances is to make an equitable apportionment between the parties." (Id. at p. 146.)

"An award of temporary spousal support '"is utilized to maintain the living conditions and standards of the parties in as close to the status quo position as possible pending trial and the division of their assets and obligations."'"

While the trial court looks at the needs of the receiving spouse and the ability to pay of the paying spouse in a temporary spousal support order, the Court looks to the several factors in Family Code Section 4320 in making a permanent support order.

What Are the Factors That a Court Looks At When Granting Permanent Spousal Support? 

In ordering spousal support under this part, the court shall consider all of the following circumstances:

• (a) The extent to which the earning capacity of each party is sufficient to maintain the standard of living established during the marriage, taking into account all of the following:
• (1) The marketable skills of the supported party; the job market for those skills; the time and expenses required for the supported party to acquire the appropriate education or training to develop those skills; and the possible need for retraining or education to acquire other, more marketable skills or employment.
• (2) The extent to which the supported party’s present or future earning capacity is impaired by periods of unemployment that were incurred during the marriage to permit the supported party to devote time to domestic duties.
• (b) The extent to which the supported party contributed to the attainment of an education, training, a career position, or a license by the supporting party.
• (c) The ability of the supporting party to pay spousal support, taking into account the supporting party’s earning capacity, earned and unearned income, assets, and standard of living.
• (d) The needs of each party based on the standard of living established during the marriage.
• (e) The obligations and assets, including the separate property, of each party.
• (f) The duration of the marriage.
• (g) The ability of the supported party to engage in gainful employment without unduly interfering with the interests of dependent children in the custody of the party.
• (h) The age and health of the parties.
• (i) All documented evidence of any history of domestic violence, as defined in Section 6211, between the parties or perpetrated by either party against either party’s child, including, but not limited to, consideration of:
• (1) A plea of nolo contendere.
• (2) Emotional distress resulting from domestic violence perpetrated against the supported party by the supporting party.
• (3) Any history of violence against the supporting party by the supported party.
• (4) Issuance of a protective order after a hearing pursuant to Section 6340.
• (5) A finding by a court during the pendency of a divorce, separation, or child custody proceeding, or other proceeding under Division 10 (commencing with Section 6200), that the spouse has committed domestic violence.
• (j) The immediate and specific tax consequences to each party.
• (k) The balance of the hardships to each party.
• (l) The goal that the supported party shall be self-supporting within a reasonable period of time. Except in the case of a marriage of long duration as described in Section 4336, a “reasonable period of time” for purposes of this section generally shall be one-half the length of the marriage. However, nothing in this section is intended to limit the court’s discretion to order support for a greater or lesser length of time, based on any of the other factors listed in this section, Section 4336, and the circumstances of the parties.

Note that a supported spouse must be put on notice of his or her obligation to become self-supporting before failure to do so can justify termination in a subsequent motion to modify spousal support.

• (m) The criminal conviction of an abusive spouse shall be considered in making a reduction or elimination of a spousal support award in accordance with Section 4324.5 or 4325.
• (n) Any other factors the court determines are just and equitable. (Am Stats 2018, C938)

Spousal Support is Gender Neutral 

Spousal support is gender neutral.  The higher wage earner could be the wife or husband. The lower wage earner could be the wife or husband.  Generally, the higher wage earner will pay spousal support to the lower wage earner, regardless of gender.

Duration of Spousal Support 

The Court has indefinite jurisdiction over a long marriage.

Family Code §4336 provides:

• (a) Except on written agreement of the parties to the contrary or a court order terminating spousal support, the court retains jurisdiction indefinitely in a proceeding for dissolution of marriage or for legal separation of the parties where the marriage is of long duration.
• (b) For the purpose of retaining jurisdiction, there is a presumption affecting the burden of producing evidence that a marriage of 10 years or more, from the date of marriage to the date of separation, is a marriage of long duration. However, the court may consider periods of separation during the marriage in determining whether the marriage is in fact of long duration. Nothing in this subdivision precludes a court from determining that a marriage of less than 10 years is a marriage of long duration.
• (c) Nothing in this section limits the court's discretion to terminate spousal support in later proceedings on a showing of changed circumstances.
• The burden of proof to establish that his or her marriage should be treated as one of "long duration" is now clearly on the supported spouse hoping to obtain indefinite spousal support.

Note:  "[N]othing in [Fam. Code §4336] limits the court's discretion 'to terminate spousal support in later proceedings on a showing of changed circumstances.'" (In re Marriage of Christie (1994) 28 Cal.App.4th 849, 34 Cal.Rptr.2d 135.)

Determining the Length Of Spousal Support in a “Short Marriage”

Fam. Code §4320 (l) provides, in part: “The goal that the supported party shall be self-supporting within a reasonable period of time. Except in the case of a marriage of long duration as described in [Fam. Code §4336], a ‘reasonable period of time’ for purposes of this section generally shall be one-half the length of the marriage.”

Thus, for the purposes of calculating half the length of the marriage for Fam. Code §4320 (l) purposes, the proper measure is date of marriage to date of separation.

Does the payment of temporary spousal support counts towards the “half of the length of the marriage” guideline? The answer is that No published opinion speaks directly to this issue, except to say that it is a factor within the trial court’s discretion

What is Needed to Modify An Existing Permanent Spousal Support Order?

When permanent spousal support is considered by the trial court, the court must consider all of the factors specified in Family Code Section 4320.  But, at that initial stage the marital standard of living is often given more weight than other factors.

But, post-judgment, when a permanent spousal support order is reviewed and modification is considered, the marital standard of living factor become less important and the “reasonable needs” of the supported party become more important.  Nevertheless, the court considering a modification of spousal support must again look at and consider all of the same Family Code Section 4320 factors the trial court looked at and considered when arriving at the initial permanent spousal support amount.

"[A] trial court, while possessing broad discretion to modify spousal support, cannot do so in the absence of a ••material•• change of circumstances occurring subsequent to the last prior order. However, the parties may agree that a specific event will not be a change of circumstances.  This agreement would have to be stated in the underlying initial permanent spousal support order. 

Changed circumstances are measured from last spousal support order, not the original judgment.  Where there are earlier proceedings seeking modification of spousal support, there must be a material change of circumstances "subsequent to the last prior order."

Does Cohabitation By the Spouse Recieving Spousal Support Affect Alimony Amount? 

Family Code §4323 (a)(1) states, “Except as otherwise agreed to by the parties in writing, there is a rebuttable presumption, affecting the burden of proof, of decreased need for spousal support if the supported party is cohabiting with a nonmarital partner. Upon a determination that circumstances have changed, the court may modify or terminate the spousal support as provided for in Chapter 6 (commencing with Section 3650) of Part 1.”  (2) Holding oneself out to be the spouse of the person with whom one is cohabiting is not necessary to constitute cohabitation as the term is used in this subdivision.

Why You Need an Alimony Lawyer in Westlake Village

If you are looking to get a divorce, it is vital that you retain a spousal support attorney in Westlake Village and Thousand Oaks right away to ensure that a fair spousal support order is granted. You will need the aggressive and persuasive representation of an experience attorney in order to do so. You could also draft a spousal support agreement outside of the courtroom without litigation through collaborative law.

Why Choose Richard Ross Associates for Your Spousal Support Needs?

When navigating the complexities of spousal support, having an experienced and compassionate attorney by your side can make all the difference. At Richard Ross Associates, we understand that every case is unique, and we are dedicated to providing personalized legal guidance tailored to your specific circumstances. Our firm has a proven track record of helping clients in Westlake Village and surrounding areas achieve fair outcomes during challenging times.

Here are just a few reasons to choose Richard Ross Associates:

• Expertise in California Family Law: Our attorneys are well-versed in California's spousal support laws and have extensive experience representing clients in both temporary and permanent support cases.
• Tailored Legal Strategies: We take the time to understand your situation, goals, and concerns, allowing us to develop a customized approach that aligns with your needs.
• Supportive Guidance: Dealing with spousal support can be emotionally taxing. Our team is committed to providing compassionate support throughout the legal process, ensuring that you feel informed and empowered at every step.
• Commitment to Communication: We prioritize clear and open communication with our clients, ensuring you are always updated on your case and available to address any questions or concerns.
• Strong Negotiation Skills: Whether through mediation or litigation, we advocate fiercely for your rights, seeking favorable terms that reflect your best interests.

Don't face your spousal support challenges alone. Contact Richard Ross Associates today for a free consultation and discover how we can assist you in securing the support you deserve.

Consult with an experienced Westlake Village alimony attorney from Richard Ross Associates today for the counsel and guidance you need. Attorney Ross has over 40 years of legal experience and is a California Certified Family Law Specialist. Contact our firm today!