What will determine spousal support in a Carlsbad divorce? Divorce often creates inequitable financial challenges for the parties. This is especially true when one of the parties earns more than the other. California family law provides spousal support as a way to equalize the opportunity for each party to have the opportunity to financially manage life post-divorce.
Eligibility for and the calculation of spousal support is not as clearly defined as California’s child support guidelines, and is based upon several factors including but not limited to:
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- The duration of the marriage
- The health and employment viability of each party
- The present and potential earnings of each former spouse
- The career sacrifices of one spouse during the marriage for the support and benefit of the other
The legal skill and experience of your divorce and family law attorney will have a substantial impact on the establishment of spousal support in your case.
Spousal support in a Carlsbad divorce does not have to go on forever. The Court will often issue a “Gavron Warning” to the spouse receiving support. This essentially provides a time frame for the recipient to become financially self-sustaining.
It may take 3 to 5 years for the recipient of spousal support to learn new job skills, seek education or training that will enhance their career and earnings potential. It is important to ensure that clear benchmarks and time frames are established to prevent the spousal support from continuing indefinitely in these cases.
When the marriage has lasted longer than ten years, the duration of spousal support may be substantially increased. In “long-term” marriages spousal support may continue until the recipient remarries, experiences a substantial change in income or lifestyle, or one of the parties passes away.
The Certified Family Law Specialists at Burke & Domercq, APC work to understand our client’s needs, goals and objectives. We aggressively advocate our client’s position. If you are concerned about spousal support in a Carlsbad divorce we invite you to contact us or call 760-389-3927 to schedule an appointment with one of our attorneys.