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How is Spousal Support Determined in North County San Diego Divorce

On Behalf of | May 27, 2020 | Spousal Support

How is spousal support determined in North County San Diego?  Is there a specific calculation method to determine the amount and duration of spousal support in Carlsbad and the surrounding area? California has very specific guidelines for the calculation of child support during a North County or Carlsbad divorce, but spousal support is much less rigidly formatted under California law.

There are many “factors” which must be considered to determine a temporary or permanent award of spousal support in Carlsbad. One of the most important factors is the length of the associated marriage. This fact will have a bearing upon the duration of spousal support following a divorce. If the marriage was less than 10 years, spousal support generally lasts for a period equal to half the length of the marriage or less. If the marriage lasted longer than 10 years, the term of spousal support may be much longer.

Other associated factors which answer the question “How is spousal support determined in North County San Diego?” include the ability of each spouse to earn a living, their unique skill set and the existing market for those skills. Did one spouse take time off from their career to raise children or manage the household? Did one spouse work to support the other as they pursued higher education or a professional degree or license? Does one of the parties (or both) jointly or severally own a business or professional practice?

The court will also consider the ages and health of the parties, the standard of living enjoyed by the couple during their marriage and the ability of one spouse to pay support to the other. The court should also consider the “separate” property of each party, the division of community property (especially if a greater share is to be given to the party receiving spousal support), tax consequences, alcohol or drug addiction and many other factors the court determines to be “just and equitable.”

How is spousal support determined in North County in many cases?  Spousal support is actually quite negotiable, as are most issues within your divorce.  The first step is a negotiation between the parties and their attorneys.  This often results in an agreement which is implemented in the final divorce decree.  Mediation is an excellent tool for resolving questions such as spousal support and other challenging issues when negotiations are not completely fruitful.

This is why it is so important to be represented by the experienced Carlsbad Certified Family Law Specialists at Burke & Domercq. We represent and protect the interests of our clients and their unique goals and objectives during a divorce including issues such as spousal support. We invite you to review the recommendations of our clients and contact us or call 760-389-3927 to schedule an appointment with one of our attorneys to discuss your unique circumstances, and how spousal support may be handled based upon your experiences.