Beverly Hills Alimony Lawyers
Beverly Hills Alimony Lawyers
If you separate from your spouse, you may have concerns about whether you will be required to pay alimony. Or, you may be able to receive spousal support. In either of these scenarios, it may be beneficial to work with our Beverly Hills alimony lawyers. Together, you and your attorney can discuss your legal options. No matter what happens during your litigation, your attorney can protect your legal rights.
As a boutique law firm in Beverly Hills, CA, S.L. Pitts PC identifies and safeguards our clients’ best interests. In our 25 years of practice, we have always provided our clients with honest legal advice. Our California family law attorneys are here to help you with your separation or divorce. To learn more, reach out to us.
Alimony Definition
Sometimes referred to as “spousal maintenance” or “spousal support,” alimony involves money paid to a spouse in accordance with a divorce or separation agreement, according to the Internal Revenue Service (IRS). Certain conditions must be met for a payment to be classified as alimony. These include:
- The payor and payee do not file a joint tax return.
- The payment is made in cash.
- The payment does not involve child support or a property settlement.
- The payment is not considered part of the payor’s gross income.
- If the payor dies, there is no liability for making further payments to the other party.
Beverly Hills alimony attorneys can teach you about spousal support and answer any questions you have. They can also explain the different types of alimony in detail.
Types of Spousal Support
The Judicial Branch of California refers to alimony between married people as spousal support. With money one domestic partner pays to the other following a separation, this is referred to as domestic partner support.
There are two categories of financial support paid after a marriage or domestic partnership,
Temporary
In a situation where temporary spousal support is ordered, one party pays the other monthly until their family law case is resolved. You or your spouse or domestic partner may request this type of support as soon as your case gets underway. If you and the other party cannot come to terms with support, a judge may determine if it is warranted.
Long-Term
If you finalize a divorce, long-term spousal support may go into effect. With this, you or your former spouse or domestic partner may have to make monthly payments for years. The court considers many factors to determine if this type of support should be ordered, and if so, for how long.
With a clear understanding of support orders, your Beverly Hills alimony lawyer can help you overcome financial issues during your separation. Also, they can go through the process of calculating alimony step by step.
How Alimony Is Calculated
With temporary support, the court will consider the needs of both parties, making sure everyone can make ends meet. To figure out this amount, the court uses a general formula that involves subtracting 50% of the lower earner’s net monthly income from 40% of the higher earner’s net monthly income. This calculation may give you a dollar figure that may be used for monthly support payments.
If long-term support is ordered, the court may use Family Code 4320 factors to calculate alimony payments. Factors the court may evaluate include:
- How long have you been married
- The incomes of both parties
- The standard of living while you were married
- The property and debt of each party
- History of abuse during your marriage
Just because there are alimony guidelines does not mean the court will follow them. A Beverly Hills alimony attorney may help you present evidence to help you with your case. If you provide a wealth of proof, the court may be inclined to limit your support payments or ensure you get the maximum amount from your former spouse or domestic partner.
How to Get a Spousal Support Order
With a team of attorneys at your side, you may be able to get a support order that lines up with your best interests. Your alimony lawyer may work with the other party and their legal representation to negotiate an agreement. If a hearing is needed, your attorney can argue your case to a judge.
If both parties decide to prepare a temporary spousal support agreement, they must determine the amount that will be paid each month and how long it will last. This may be difficult since a divorce or separation may be contentious. Fortunately, your alimony attorney can share their legal insights and knowledge with you. This will help you make informed decisions throughout your legal proceedings.
The process is very similar if you and your former spouse or domestic partner are considering long-term support. If both parties reach an agreement on their own, they may resolve their case in less time than what would be required if they go in front of a judge.
Once the parties finalize their agreement, they will sign it, make copies of it, and get the judge’s signature. The pact will remain valid unless either party requests a change.
There is also the option to ask the court for support. Here are the steps to complete if you want to request alimony:
- Fill out a Request for Order form.
- Complete an Income and Expense Declaration.
- Provide documents to support your case.
- Make copies of your forms.
- Submit your forms to the court.
After your forms are filed, a judge will make a decision on a hearing. Alimony lawyers represent their clients in hearings. Your attorney can explain what the hearing process entails, making sure you are prepared for your court appearance.
Who Qualifies for Alimony
You or your former spouse or domestic partner may be eligible for alimony if you are involved in a high asset divorce. Alternatively, spousal support may be required if there is any discrepancy between what both parties earn.
If one party’s income is lower than the others, they may be able to get support. The money they receive may be used to help the former maintain the latter’s standard of living after their marriage or domestic partnership ends.
In your case, the court may consider what is reasonably necessary to make sure both parties can maintain a consistent standard of living. If there is a big difference in your standard of living and the other party’s, the court may order alimony payments. The length of time these payments are required depends on the facts surrounding your case.
How Long Do You Need to Be Married to Get Alimony
There are no requirements relating to how long you have to be married or in a domestic partnership to receive alimony. Generally, the court will consider how long it will take one party to be able to support themselves after a relationship ends.
In a partnership that lasts up to 10 years, the court may order support for half of the time. As an example, you and your spouse may have been married for eight years. Based on this, you may have to pay support for four years if you earn more than your partner.
Beyond 10 years of a marriage or domestic partnership, it may be tough to figure out what is reasonable. The court may consider evidence from both parties to determine how long support is ordered. This means the court has the option to require support payments for many years.
Alimony attorneys put their client’s best interests front and center. Your lawyer can help you find ways to avoid having to pay support for a long time. On the other hand, they may look for opportunities to show the court that you deserve alimony for as long as possible.
How to Change a Spousal Support Order
You may ask to change your long-term spousal support order if your financial situation changes. Reasons why a modification to your existing order may be warranted include:
- You have experienced a significant decline in income.
- The party receiving payments no longer needs it.
- The party receiving alimony gets remarried.
- The party receiving support is not taking steps to be able to support themselves.
- The party getting money misrepresented their assets.
Your attorney can help you identify warning signs that a spouse is hiding property and others that may be grounds for requesting a change to your support order. They may negotiate with your former spouse or domestic partner to revise your agreement. If these negotiations are unsuccessful, they may help you bring your case to court.
Gavron Warning in Spousal Support Cases
The court may issue a Gavron warning to someone who is receiving alimony. This warning may be used to warn the recipient that they are legally required to make reasonable efforts to become self-sufficient. It may be issued verbally or in writing. In many cases, the warning is given to someone who is getting spousal support after a marriage lasting 10 years or longer.
It is at the court’s discretion on whether to issue a Gavron warning. If a party receives it and does not do what is necessary to improve their financial situation, the court has the authority to reduce or terminate spousal support payments.
If you get a Gavron warning, it may be a good idea to act on it. At this point, you may want to find a job or take other steps to improve your finances. This shows the court you are acting in good faith. It may help you avoid having your support payments stopped altogether.
Your lawyer can help you deal with a Gavron warning. They can give you insights into this and other legal topics, including the difference between spousal and child support.
Difference Between Alimony and Child Support
Alimony and child support are two very different things, but there are similarities between them. Spousal support may be provided to a former spouse or domestic partner at the conclusion of a relationship. With child support, one parent may pay the other. This may be used to help provide a child with the same standard of living when they are in the care of both parents.
In California, both parents are legally required to support a child until they reach the age of 18. A court may order child support, and California Child Support Services may enforce this order. If a parent is required to pay support and chooses not to do so, they may be punished.
Spousal support is not guaranteed after a separation or divorce. Either party may request it, but the court will not necessarily offer it. If the court finds it is in the best interests of both parties, it may order alimony payments.
Your attorney can go over the difference between alimony and child support with you. They can explain if you may be subject to spousal or child support or both.
Why a Parent May Pay Alimony and Child Support
There are instances where one party pays the other spousal and child support. When parents separate, the court may first consider spousal support. Then, it may consider the needs of any children the parties share. This may help the court determine how much the higher earner may have to pay the other party to ensure their kids are fully supported.
A California Child Support Guideline Calculator is available. This may be used to estimate support payments in your case. The calculator accounts for many factors. Yet, the court ultimately decides how much one parent may have to pay the other.
The court will consider alimony payments, child custody, and other factors relative to support for children. It may order payments until a child turns 18. There are exceptions when support payments may be extended.
How Division of Property Impacts Spousal Support
There are considerations relating to property and debts in a divorce or separation. The court may decide how property is split between you and your spouse or domestic partner. It may divide it into community and separate property.
Community property refers to anything you and the other party owned while you were together. It may include a home or car. Regardless of who paid for the property, both parties shared it during their time together.
Separate property may be anything you owned before you were married or inherited. This belongs exclusively to the party who bought or inherited it. Thus, you may get to keep it after your separation.
Your attorney can provide details about property division and its impact on your legal proceedings. They may help you gather records to prove you have separate property. Your lawyer may also help you find ways to distribute certain assets in a way that allows you to minimize your alimony payments.
Impact of Domestic Violence on Spousal Support
There is no excuse for domestic violence. When you go through a divorce or separation, the other party may allege that they are the victim of such violence. If this happens, it may damage your reputation. If there has been a conviction, it may impact your alimony.
The court may look at domestic violence in divorce or separation proceedings. If a party has been convicted of this type of violence, they may not be able to receive support payments. Conversely, if a higher earner has been convicted of this crime, they may be ordered to make alimony payments.
If you have been dealing with domestic violence from a spouse or domestic partner, you may want to notify the authorities and your attorney. This will help you take legal action against this individual. You may also get the legal guidance and support you need to move forward with your divorce or separation.
How a Prenuptial Agreement Impacts Alimony
Parties may craft prenuptial agreements to protect themselves if their marriages or domestic partnerships do not work out. One party may waive their right to spousal support as part of a prenup. In this case, the other party may not have to pay alimony if their partnership dissolves.
To waive spousal support, an individual must have independent legal counsel with them when they sign their prenup. With assistance from your attorney, you can find out exactly what an agreement includes. You can also get your lawyer’s insights into what can happen with any decision you make on it. If you decide to accept it, you may not be able to get spousal support at a later time.
If you are struggling to weigh the pros and cons of a prenup, it may be best to consult with a lawyer. In addition to explaining how spousal support relates to your agreement, your attorney may help you prepare one that supports your best interests. They may also come up with alternative solutions you can use in lieu of waiving spousal support.
Request Legal Help from Beverly Hills Alimony Lawyers
A divorce or separation can be emotionally taxing, to the point where you want to give up on the process entirely. As you go through this process, you do not have to do it alone. With lawyers at your disposal, you can negotiate an agreement that meets your expectations. Plus, you may be able to receive alimony or avoid having to pay it to your former spouse or domestic partner.
The team at S.L. Pitts PC knows how to navigate complex family law challenges. With our client-centric approach and creative problem-solving, we can help you address alimony challenges and many others. To request a confidential consultation, contact us today.