Santa Barbara Spousal Support Mediation Lawyer

Santa Barbara Spousal Support Mediation Attorney
When facing a divorce in the state of California, spousal support is one of the most complex issues to resolve. Even when both parties are employed, it is common in divorce proceedings for one party to give financial support to the other as part of the separation agreement. At Drury Pullen Law, our Santa Barbara spousal support mediation lawyer can help you navigate this emotionally charged situation and address the matter collaboratively.
Why Choose Us
Drury Pullen, A Professional Law Corporation, focuses on family and civil litigation law in California. Separation and divorce can be an incredibly taxing time, especially when it comes to finances. With over 50 years of combined legal experience, our goal is to get you a favorable outcome in your spousal support negotiations. If you want to save the headache of the courtroom, hire a spousal support mediation lawyer today.
Spousal Support in Santa Barbara
In California, mediation is used as a means to amicably come to an agreement regarding matters that may be a point of contention. Spousal support, also known as alimony, is court-mandated financial support from one partner to help cover the other’s expenses. There are three circumstances in which the Santa Barbara County Superior Court can order spousal support:
- Divorce
- Legal separation
- Domestic violence or restraining order
Spousal support can be ordered to be temporary or long-term. Temporary spousal support can be requested as soon as the case is filed and before the case is finalized. Long-term support orders are made at the closing of the case, usually on a monthly basis, and are considered permanent to the extent of the court order.
One of the key laws that helps courts decide spousal support is California Family Code § 4320. In a divorce or separation, this law helps ensure that the spousal support allows the receiving party to be financially stable for a reasonable amount of time. The law takes into consideration the following factors:
- Earning capacity of the receiving spouse
- Contributions to the spouse’s career or education
- Ability of the paying spouse to pay
- Needs of each party based on the marital standard of living
- The assets of each party
- Duration of the marriage or domestic partnership
- Emotional and physical well-being of both parties
- History of domestic violence and criminal record
- Tax consequences for both parties
- Balance and fairness
- Time estimated for the receiving spouse to become self-sufficient (usually half the length of marriage)
- Any unique circumstances
All of these factors help your spousal support mediation attorney and the court come to a fair and balanced agreement for you and your spouse.
Who Pays Spousal Support in Santa Barbara?
Generally, the party earning more during the relationship will pay spousal support. These alimony payments help pay for the living expenses and lifestyle of the receiving spouse. The overarching goal is for the receiving spouse to become self-sufficient enough to maintain a similar standard of living established during the marriage. This could look like a spouse who took care of the household over pursuing a career or other support that was non-monetary.
During the process of mediation, your spousal support mediation lawyer can negotiate the specific details of your agreement to ensure the amount and duration of payments are fair for both parties. The agreement, once signed by a judge, is legally binding and can only be modified through further litigation.
Benefits of Mediation for Spousal Support
Spousal support mediation, or alimony mediation, is a tool for parties who choose to negotiate with their separated partner directly, as opposed to letting a court decide the outcome of the case. A Santa Barbara spousal support mediation attorney can help you through the negotiation process while discussing the delicate matters of your partnership, such as financial needs and independent priorities, to reach a civil and fair agreement.
When you choose spousal support mediation, you not only get a fair deal, but you might save costs on the divorce itself. A significant benefit of mediation is that it can save time and money in legal fees and court costs.
On average, mediation for divorce costs between $3,000 to $8,000, whereas court proceedings can cost between $15,000 to $30,000. More complex separations can exceed $100,000. You can save time and money with the experience of a Drury Pullen spousal support mediation lawyer.
Spousal Support Payment Structures
While many factors are weighed throughout mediation, a vital decision is whether the support will be paid in a lump sum or in monthly installments. Whatever your unique circumstances, our spousal support mediation lawyer is here to negotiate on your behalf. At Drury Pullen, APLC, we can work with both parties to determine which payment options benefit everyone involved. While there are pros to both, monthly installments have the following benefits:
- Allows for an increase or decrease over time upon request of either party due to hardship or an increase or decrease in salary. This can sometimes lead to a lower payment total than a lump sum for the paying party.
- It may be a better financial choice for the paying party, distributing the payments over time instead of all at once.
- Encourages the receiving spouse to use the payments in good faith, building a long-term, sustainable lifestyle.
A lump sum payment can have the following benefits:
- A one-time payment, ending alimony ties and obligations upon payment. This can reduce the necessity for future involvement.
- Allows for the receiving spouse to make life-improving investments up front, such as on a home or vehicle.
Every relationship is unique, as is every case of divorce or separation. Your spousal support mediation attorney can look closely at your distinctive situation and negotiate on your behalf, determined to reach a fair outcome for you.
Hire a Spousal Support Mediation Lawyer in Santa Barbara
Spousal support can leave a lasting impact on your life. At Drury Pullen, APLC, our mediation lawyer can guide you through this strenuous time to ensure you are supported during and after your divorce proceedings. Take control of your future and contact a Santa Barbara spousal support mediation attorney today.
