We are often asked questions about spousal support in a Carlsbad divorce. For example: “If one party had affairs outside of the marriage will that affect the spousal support that party must pay?” Since California is a “no-fault” divorce state, which assumes all divorces are the result of irreconcilable differences, our courts will not consider extra-marital affairs as part of spousal support calculations.
“Is there a computer program which calculates the amount of support to be paid?” Our Carlsbad family law courts may use an automated system to help determine initial or “temporary” spousal support orders. However, there are over a thousand factors the court must consider before awarding permanent spousal support, and this cannot be accomplished through software – it must be established through agreement of the parties or an order of the court.
“Why do we need an attorney if there are questions of spousal support in a Carlsbad divorce?” Spousal support is quite often the largest financial burden one of the parties will bear in the years following the divorce. The experienced Certified Family Law Specialists at Burke & Domercq, APC work for the best interest of our clients in these cases. A difference of $250 per month over twenty years will amount to more than $60,000.
Many DIY divorces do not contain proper verbiage to end spousal support orders, and while they thought support would last “x” number of years it winds up going on until death or remarriage.
“How does the duration of a marriage affect spousal support?” When the duration of a marriage is ten years or longer it is considered in a different manner when awarding spousal support and establishing its duration. There is not a “lifetime” support award under California Law, but longer term marriages provide for extended spousal support terms. In many cases, spousal support in marriages under ten years will be ordered for half the length of the marriage or less depending upon many factors including the age and health of the parties, education and skills and the ability to be self-sustaining.
In many cases spousal support may be reduced in exchange for a larger share of community property or an increase in child support. Discussions of spousal support during a divorce require insight from the experienced and proven Carlsbad Certified Family Law Specialists at Burke & Domercq, APC. We invite you to contact us or call 760-389-3927 to learn more and schedule an appointment.