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Thinking Through the Financial Issues of Spousal Support Before a Divorce

On Behalf of | Dec 3, 2019 | Spousal Support

Thinking through the financial issues of support before a divorce and pre-planning prior to filing make a significant difference in the outcome of your case.  Many people are contemplating their life and their options regarding the end of a marriage at this time of year.  Historically, divorce filings are heaviest in the first 3 months of a year.  That means people are often reflecting over the holidays regarding a coming divorce.

What financial issues of spousal support should you be considering?  It is usually much more expensive to support two separate households here in North County San Diego than a single home.  Here are some initial thoughts to consider:

  • Can I comfortably afford to live separately from my spouse, and is there enough income to either pay or receive support in order to  maintain our current lifestyle?
  • What is my career status?
  • What is the likelihood of gainful employment?
  • Did one of the spouses give up their career to stay home and raise children and/or manage the household?
  • Does either of you or do you both jointly hold and interest in a business or professional practice?
  • Is there a substantial difference in your income compared to your spouse’s earnings?
  • Did the marriage last longer than 10 years?

The length of your marriage will have a substantial impact on the likelihood and financial issues of spousal support in a Carlsbad or North County divorce case.  The duration and amount of spousal support will be affected by the number of years you were married, the financial capacity of each former spouse and the type of life which you enjoyed during the course of your marriage.

If you are concerned with your immediate ability to financially survive after the divorce is filed it is important to understand the concept of “temporary orders.”  The Court will consider immediate requests for temporary spousal support as well as child support to level the financial playing field and ensure every party has the financial ability to seek legal counsel.

It is important to carefully plan, strategize and think through the financial issues of spousal support prior to filing for a divorce.  If you are considering the end of a marriage or believe your spouse intends to file a divorce it is important to seek sound advice and counsel.  The experienced Carlsbad Certified Family Law Specialists at Burke & Domercq have extensive experience across decades in these matters.  We invite you to review the recommendations of our clients as well as the recognition our attorneys have received from the legal industry and contact Burke & Domercq or call 760-389-3927 to schedule an appointment with one of our attorneys.

Thinking through the financial issues of support before a divorce and pre-planning before a divorce can remove much of the angst and emotional and financial pressures associated with this process.  Our clients value the peace of mind they receive knowing they are supported by proven, experienced counsel.