Why is 10 Years So Important for Spousal Support in Carlsbad Divorce Cases?

Pierre Domercq Spousal Support

Why is the ten year mark such an important time frame in a Carlsbad or North County divorce, especially as it relates to spousal support? Under California family law, a marriage that lasts more than ten years is called a “long duration marriage.” The guidelines for spousal support change significantly at the 10 year period.
When the marriage has lasted less than ten years, the Court will usually not allow spousal support to continue for a period longer than half of the duration of the marriage. For example, a marriage lasting 8 years usually results in spousal support for a maximum of 4 years and often less.
When you pass the ten year point, the Court must give additional consideration to long term financial implications for both parties. The key issues are the lifestyle the parties are used to maintaining, and each party’s ability to continue that lifestyle after the divorce is completed.
While support orders may extend until the person receiving support remarries or specific cohabitation conditions are met, this doesn’t necessarily mean they will extend for life. The person paying support is generally able to retire at the age of 65, and cannot be forced to continue working simply in order to pay spousal support.
Many other factors such as the age and health of the parties, employment skills, work experience, and whether one spouse has given up employment to support the other and their children or while an education, advance degree or professional license was obtained. The presence of domestic violence will also have a substantial impact on spousal support orders.
Spousal support can be agreed upon by the parties, but it is important to seek the advice and counsel of experienced North County divorce attorneys based in Carlsbad. At Burke & Domercq we have decades of expertise in these cases. We will review your unique circmstances and provide insight into the calculation of spousal support based upon many factors.
We invite you to contact us or call 760-712-3741 to schedule an appointment with one of our lawyers.