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When is Spousal Support an Issue in a Carlsbad and North County Divorce?

On Behalf of | May 4, 2019 | Spousal Support

When is spousal support an issue in a North County or Carlsbad divorce case?  Not every case contains spousal support or alimony (as it is often referred to).  What types of cases typically involve spousal support?

In general terms, spousal support is applied when one of the parties will be placed in a more challenging economic position than the other after the divorce.  The parties may agree not to include alimony as part of their divorce settlement but the Court may simply disagree.

Our Courts are not going to consider orders that place either spouse in a situation of unnecessary financial hardship.  The need and amount of spousal support is a financial calculation established in California family law that is affected by several factors including the length of the marriage and the economic viability of the parties once the divorce is completed.

The success of a spousal support request can be greatly influenced by the knowledge and skill of your divorce attorney.  The experienced divorce lawyers at Burke & Domercq can provide advice and insight into your unique circumstances.  Each of our partners has decades of experience in Carlsbad family law cases and both are Certified Specialists in California Family Law.

What often makes spousal support an issue in a North County or Carlsbad divorce case is the length of time it will continue or the employment viability of the spouses.  Our Courts often include the “Gavron Warning” in cases where spousal support has been granted.  This instruction ensures that the party receiving support understands that support will not continue indefinitely, and efforts must be made to become self-sufficient within a specified period of time.

We are often asked about the circumstances that warrant a change in existing spousal support orders.  Changes in the relationships of the party receiving support (such as remarriage or cohabitation) may impact continuation of spousal support.  The lack of seeking employment that is consistent with the skills and expertise of the party receiving support (taking a job that pays less than what the individual could and should be earning) can raise concerns with our Courts.

Each spousal support case is unique and the question of “When is spousal support an issue in a North County or Carlsbad divorce case?” is best answered by one of our experienced attorneys. We invite you to contact us or call 760-389-3927 to schedule an appointment with one of our family law Certified Specialist attorneys.  We can review your unique situation and provide counsel on the likelihood of support, the potential amount and the appropriate strategy for approaching an order for alimony.