Alimony Attorney California
Spousal support, also known as alimony, is supposed to be gender-neutral, but do you suspect that’s not what’s happening in your case?
Even in progressive California, unconscious bias about men’s role as breadwinners can end up putting financial handcuffs on their futures.
At The Dadvocates law firm, we work to make sure equality extends to men when courts weigh in on spousal support.
Serving All of California
Though based in Los Angeles, The Dadvocates are a state-wide law firm serving men from San Diego to Sacramento. If you are a man in California in need of assistance from a family law attorney, we are ready to meet you.
What Is Alimony?
Alimony is the financial support that one partner supplies the other after a marriage falls apart. Generally, the higher-earning party pays the lower-earning party for a set period. In California, the legal term for these payments is spousal support. Payments can start before the divorce is final in the form of temporary spousal support and can also be ordered in connection with domestic violence cases.
In California, the goal is that both parties are self-supporting within a reasonable period. Alimony payments are structured so that the lesser-earning spouse has the resources they need to cover their cost of living.
Monthly payments are typical, but California has other options as well, such as lump-sum payments. Our lawyers will explain your choices so you can pursue a payment method more advantageous to your financial or tax needs.
Is Spousal Support a Given?
No. The law does not assume that spousal support is required. Instead, a spouse must request alimony during the court proceedings. A judge will then take into account the requirements set forth in California family law to decide how much and how long support will be required. Couples can also negotiate spousal support between themselves; however, a judge will still need to approve the final agreement.
Men Can Receive Alimony, But Many Won't Ask for It
According to CNBC in 2023, almost half of U.S. women in opposite-sex marriages now earn roughly equal to or more than their spouses. While our nation has made great progress in terms of women's ability to thrive in the workforce, U.S. courts still grant alimony to women in the vast majority of cases. If you are the lesser-earning partner, The Dadvocates are prepared to fight sexist stereotypes and help you secure fair alimony.
Are You Getting Divorced? Talk to a Firm that Represents Men
Our name says it all. We're The Dadvocates. We work to erase the gender bias that drains money out of your wallet in alimony proceedings. Our California headquarters are in Los Angeles, and we have lawyers throughout California. In addition, our alimony lawyers can meet with you anywhere using virtual technology. Leave us a message or call to schedule a consultation.
Easing Your Burden
Our attorneys understand that divorce and alimony can be an incredibly complex process to navigate on your own, especially as you're focused on moving forward. Let us shoulder the legal burden so you can do just that.
Types of Spousal Support
The California Family Code Section 4320 outlines the different types of alimony. While the law is gender-neutral, judges have ample leeway in determining how much the payments will be.
Our spousal support attorneys, who have spent years helping to level the field for dads in divorce court, make it a point to present the facts in your case fully to prevent assumptions about gender roles from coloring the judge's ruling.
Temporary Alimony
Temporary spousal support is a court-ordered monthly payment that applies when a divorce case is ongoing. It is intended to ensure both spouses' living expenses are covered throughout the proceedings. The spouse with less income can request temporary support as soon as the case is filed. A judge may consider factors like net monthly income, savings accounts, medical bills, or children's college tuition payments when calculating the amount of support.
Permanent Alimony
Also called long-term spousal support, this type of alimony applies upon the finalization of a divorce. California follows a soft 10-year guideline when determining long-term support. In cases where a marriage lasts less than 10 years, the payment term is around half of the length of the marriage. In cases where a marriage lasts more than 10 years, the payment term is open-ended. A judge may consider factors like assets, standard of living, and earning capacity when calculating payments.
Rehabilitative Alimony
Rehabilitative spousal support can be established to help the lesser-earning spouse become self-supporting. This may involve the pursuit of secondary education, professional training, or a new job. A judge may consider factors like the length of the marriage and each spouse's earning ability and contributions to the marriage when calculating payments. Rehabilitative alimony is not permanent—the payment term is decided by the court.
Lump-Sum Alimony
In California, you are allowed to fulfill your alimony obligation through a one-time lump sum to your ex-spouse rather than ongoing monthly payments, as long as that lump sum is shown to be equivalent to the total value of forthcoming monthly payments. This arrangement must be approved by both parties and the court, and it is not modifiable once enforced. Our alimony attorneys based in Los Angeles can help you determine whether this is an appropriate avenue for you.What Factors Affect the Payment Amount?
California has a detailed list of factors judges must weigh when calculating the support order. Temporary support can vary depending on what county you are in. However, for support after the divorce is finalized, judges must use the factors listed in the California Family Code Section 4320.
Fourteen factors are listed in the code, including this all-encompassing entry: "Any other factors the court determines are just and equitable." Clearly, the judges have considerable leeway when setting alimony payments.
This is where The Dadvocates step in. Men have historically been disadvantaged in family court. Our alimony attorneys move early to educate the court about the realities in your case and point out the nuances that strengthen your position.
We're a Specialized Practice
The Dadvocates is a team of highly specialized attorneys who focus on men’s issues.
Spousal Support Calculations Are Complicated You Need a Savvy Advocate
Spousal support is complicated. Layer on assumptions about men's roles and it's clear you need an alimony attorney that understands your legal situation and the unconscious bias you may face. The attorneys at The Dadvocates will gather the documents and data to clearly outline your position to the family law judge deciding your financial future. Among the key elements that will help clarify your strategy:
- The length of the marriage
- The impact of child support
- The pros and cons of ongoing or lump-sum spousal support
- Tax implications
- Requirements that the supported party make reasonable efforts to become self-supporting
There are a lot of issues to resolve as you work through your divorce. Our spousal support attorneys provide clear explanations so you won't get overwhelmed balancing conflicting demands. We recommend getting legal advice early since temporary support orders can start taking money from your wallet before your divorce is finalized. Our family law firm works to protect your assets.
(818) 824-5800
Disregarding Stereotypes To Get to the Truth of the Matter
The goal of our lawyers is to educate the court about the true facts of your case and prevent the other party from using sexist stereotypes to win.
A Closer Look at What Affects Alimony Payments
Factors listed in California Family Code Section 4320 that must be taken into account when determining spousal support include:
- The length of the marriage or domestic partnership
- What each person needs based on the standard of living they had during the marriage or domestic partnership
- What each person pays or can pay (including earnings and earning capacity) to maintain that standard of living after the divorce
- The difficulties the supported partner will face if working and taking care of children
- The age and health of both people
- Debts and property
- How long the marriage lasted
- Whether a spouse or domestic partner helped the other get an education, training, career, or professional license
- Whether there was domestic violence
- Whether a spouse's or domestic partner’s earning capacity was affected by periods of unemployment due to childcare or other domestic needs
- The tax impact of spousal support on each party
Our Family Law Mission
Our family law mission is to make sure that every man facing divorce or separation has equal access to his children and that he has enough financial integrity left after the case is finalized to live with honor and dignity.
Modifying Spousal Support Either Spouse Can Ask for a Change
Spousal support payments are not set in stone. Unless a termination date was written in the original orders or there was an agreement not to modify the support terms, either party can ask the court to adjust the amount due to changes in financial circumstances.
Experience a Change in Fortunes?
Situations change and the courts recognize that. Some people get promotions that improve their financial outlook, while others may lose their job or face financial hardship. If you're a man who lost his job or your former spouse lands a plum position with a boost in pay, our family law attorneys can advocate for a change in the payment schedule.
What Happens When Child Support Ends?
Child support, which typically ends when a child reaches 18, is calculated separately from alimony, but the two are closely related. Often when spousal support was calculated, the amount was reduced due to the smaller pool of funds left over after child support was set. With those payments ended, more money may now be available for spousal support.
What Happened To Becoming Self-Sufficient?
If the supported spouse isn't making efforts to become self-supporting, you may have cause to seek a modification to the support order. You may also be able to request a change if the supported spouse is cohabitating with a partner. The court will use the same factors it used in making the initial support order to decide if modification or termination is warranted.
We Protect Your Assets Request a Consultation
Unfortunately, the financial fallout of divorce lasts long after you leave the courtroom. It's not unusual to find yourself back in court fighting to keep your wallet intact after a support modification is sought.
The family law attorneys at The Dadvocates are acutely aware of the gender bias men face in the courtroom and have successfully worked with men in multiple states facing similar circumstances. We know how to make sure equality before the law isn't just a catchy phrase.
All our attorneys are trained in our litigation-focused methodology for optimum outcomes. In a nutshell, this means our lawyers are open to reasonable negotiations but ready for trial if that's what it takes to get a fair settlement.
Our attorneys have fought for men's rights for years and understand the obstacles you face. We also know how to overcome them. We can get started on your case right away. Leave a message or call to request a consultation.
(818) 824-5800
We’re as Close as Your Phone
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The Dadvocates has its California headquarters in Los Angeles, but our attorneys are across the state. Our online conferencing capabilities mean that no matter where you are, we're as close as your computer.
Taxes & Spousal Support Some Laws Changed, But Not All
While the Tax Cuts and Jobs Act of 2017 changed reporting requirements for alimony payments at the federal level, it didn't take effect across the board.
In divorce settlements signed on or before Dec. 31, 2018, alimony is tax-deductible for the payee and taxable income for the recipient. For divorces settled after, that spousal support is not taxable as income and not a tax deduction for either party.
California state income taxes are a different matter. In California, the paying spouse may still claim the spousal support payment as a deduction on state tax returns. The person receiving support money must list the payment as income.
Ready To Go to Trial
We are here to ensure you can achieve the best possible outcome for your case. To do so, our compassionate lawyers develop cases that are trial-ready.
Are There Children Involved? The Dadvocates Are Ready to Help
A separation from a spouse is never straightforward, especially when there are shared children to consider. Fathers face steep obstacles in court, something The Dadvocates know all too well and work hard to help our clients overcome every day. In addition to divorce and alimony, we can protect your best interests in matters of:
Child Support
Our California attorneys can help ensure a fair arrangement that provides for your children's needs without overextending your resources.
Child Custody
We are determined to help dads get fair time with their kids. We can explore various custody arrangements or assist with modification.
