The award of spousal support has a lot to do with previous lifestyle and the ability of each spouse to achieve gainful, long term employment. Carlsbad family law courts are absolutely influenced by the lifestyle enjoyed by the parties during the marriage. In fact maintaining the “standard of living” of a former spouse after a divorce is the primary reason for a spousal support order. This results in an obvious but complicated question: “How does the Court determine and establish the valuation of the standard of living in a divorce case?”
California family law clearly establishes the factors that should be considered when considering the standard of living and ultimately spousal support in a divorce case. How long did the marriage last? Will the individual incomes for each spouse allow each party to maintain the type of lifestyle enjoyed during the marriage? The ages, general health and unique requirements of each spouse will be evaluated. Did one partner give up working to support the family or contribute to the education of the other? The Court will also consider “any other factors the court determines are just and equitable.”
California case law clearly establishes the marital standard of living is a reference point against which the above factors should be weighed. Once spousal support is awarded, the Court may issue a “Gavron Warning” ordering the spouse receiving spousal support to become financially independent within a specified period of time, or place a limitation on the time frame associated with support.
Issues of spousal support are an important ingredient of many North County San Diego divorce cases. If you have questions or concerns regarding spousal support contact the experienced Family Law Certified Specialists at Burke & Domercq or call 760-434-3330 to schedule an appointment with one of our experienced divorce and family law attorneys.