Family Matters.
When It Really Matters.

How Will the Length of Your Marriage Affect Spousal Support

On Behalf of | Sep 25, 2020 | Spousal Support

How will the length of your marriage affect spousal support during and after your divorce in Carlsbad or North County?  How long do you have to be married in California to qualify for spousal support and how is the amount of spousal support determined?  In some cases the parties in question have only been married for a few years.  In other cases, one of the parties has not worked in several years in order to raise children and manage the household.  A spouse who has given up a career in the past may be concerned about their ability to return to a career and earn a living wage after the divorce.

California law does not provide a specific calculation process to answer the question of how will the length of your marriage affect spousal support.  Standard of living is perhaps one of the most important issues in the determination of spousal support.  The length of the marriage and the income disparity between the parties will also be given serious consideration by the Court.

While there is no hard and fast rule or law, in practice Carlsbad judges may order a temporary spousal support in marriages which last six months or longer.  In our decades of experience we’ve seen examples all across the board.  We’ve seen cases where no spousal support was ordered in a long marriage while it is ordered in other cases where the marriage lasted only a few months.

When representing a client our attorneys demonstrate the need for temporary spousal orders (and ultimately a permanent order of spousal support) when a marital standard of living has been established and one spouse has the resources to support the other.  Generally speaking, spousal support is often awarded for a term which is equal to up to half the duration of the underlying marriage up to ten years.  If your marriage lasted longer than ten years the Judge in your case must consider several factors for each party before making decisions regarding spousal support.

The answer to the question “how will the length of your marriage affect spousal support?” will vary from case to case and Court to Court.  Each case is unique and it is important to consult with one of our experienced Carlsbad divorce and spousal support attorneys.

Protect your own interests and contact us or call 760-389-3927 to schedule an appointment for a remote or socially distanced consultation with one of our experienced Certified Family Law Specialists.