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How Are Temporary and Permanent Spousal Support Awards Determined?

On Behalf of | Jan 1, 2020 | Spousal Support

How are temporary and permanent spousal support awards determined in North County San Diego family law courts?  One of the primary factors in spousal support is the “standard of living” enjoyed by the couple during the course of their marriage.  This is established in California family law which gives the court the authority to order one party to pay for the support of the other party in a divorce or legal separation “based on the standard of living established during the marriage.”

Each case is unique and every judge or magistrate has their own process for determining a fair order for spousal support.  The court will usually consider the income of the higher earning spouse and the differential in income between the two spouses during the course of the divorce and after.  Temporary orders are usually issued to provide the means to support and the ability to cover the costs of divorce for a lesser earning spouse.

Permanent orders will usually take a more detailed look after the division of assets and the standard of living of the couple has established.  The judge will consider historic expenses shared by the couple during their marriage, as well as the size and needs of each new household.

The duration of the marriage will also have an impact on both the amount and the duration of the spousal support.  In marriages under 10 years of duration, the court will usually begin the discussion with a maximum spousal support duration of half of the term of the underlying marriage.  When the duration of the marriage exceeds 10 years, the judge is much more likely to consider the age, health, economic viability, employment opportunities and liquid assets after division of community property to establish both the amount and the duration of spousal support.

The attorneys at Burke & Domercq, APC have decades of experience in temporary and permanent spousal support awards.  Spousal support is often negotiated by our attorneys on behalf of our clients.  Mediation can serve as a timely and cost-effective alternative to resolving the matter in litigation.

Our experienced trial attorneys are always prepared to take your needs before the judge.  We are experienced litigators.  In some cases, this is the only way to accomplish our client’s goals.  If you are concerned about spousal support in a North County or Carlsbad divorce we invite you to contact us or call 760-389-3927 to schedule an appointment with one of our attorneys.  We will discuss your unique situation and how we can help you to accomplish your objectives.