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How Much Spousal Support Will Be Awarded in Your Divorce?

On Behalf of | Oct 4, 2020 | Spousal Support

How much spousal support will be awarded in your divorce in San Diego or North County?  While the laws of California provide the Judge in your case with many legal underpinnings with which to decide your unique circumstances there is actually no formula to calculate the amount and duration of spousal support in a California divorce.

There are two types of spousal support: Temporary and Permanent.

Temporary spousal support is usually ordered by the Court for the duration of a divorce process to preserve the financial status quo of the parties prior to the divorce.  Temporary spousal support may last for only a few months or it may extend across many months and even years while the divorce is completed.  In many cases temporary spousal support will be awarded when the Court perceives one of the spouses has a significantly greater income than the other, or one of the parties has moved out of the family home and the other party needs support to maintain the status quo throughout the divorce.

Permanent spousal support will be awarded in your divorce if the parties agree to it during negotiations or mediation, and or the Judge orders it as part of the final or “permanent” divorce decree.  The amount and duration of spousal support is based upon several factors under California family law, including but not limited to:

  • The duration of the marriage
  • The financial viability of each party
  • The likelihood that the recipient will be able to achieve self-supporting employment
  • The age and health of the parties
  • The sacrifices made by one spouse to support the other, such as providing for them while they complete a degree or leaving a career to raise children or manage the household.

It is important to note the term “permanent” may be a bit misleading in this context.  Spousal support is actually rarely “permanent” in a San Diego divorce unless the underlying marriage lasted at least 10 years (usually much longer) or there are substantial health or financial considerations associated with the case.

The Court will quite often establish a time frame for the recipient of spousal support to become financially self-sufficient.

How much spousal support will be awarded in your divorce in San Diego or North County? 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.