We are often asked “Will I Get Spousal Support in my (North County or Carlsbad) Divorce? Spousal support is intended to balance the financial strength of each party at the outset of a divorce (temporary spousal support) and once final orders have been issued. Unlike child support where there is a specific guideline calculator provided under state law, spousal support does not follow a specific formula. The law specifically states “The amount and duration of spousal support is left to the discretion of the court within certain general equitable principals and guidelines.”
Instead, the judge in your case is required to consider a complex set of factors in order to reach the appropriate balance. These include, but are not limited to:
- The length of the marriage
- The standard of living enjoyed during the course of the marriage
- The age, health and economic viability of the former spouses
- The income of each party
- Whether one party left a career to raise children and/or manage the household
- The distribution of community property and the existence and substance of separate property
A recent ruling in the court of appeals basically established our state’s policy of spousal support as one which entitles either spouse to financial support after a divorce for “only so long as is necessary to become self supporting.”
Generally speaking, the answer to “will I get spousal support in my North County or Carlsbad divorce?” depends upon financial equity between the spouses and the length of the underlying Marriage. Usually, the longer your marriage lasted the greater the likelihood and duration of spousal support. This is especially true in cases where one spouse has a significantly higher financial viability or income than the other.
The experienced Certified Family Law Specialists help to answer all questions regarding divorce including concerns such as “Will I get spousal support?” We invite you to review the strong recommendations of our clients and the legal industry and contact Burke & Domercq or call 760-434-3330 to learn more or schedule an appointment.