Many clients ask us whether or not spousal support will be ordered as part of their San Diego divorce case. What will the Judge consider when determining spousal support in your case? Unlike child support, where there is a specific formula to follow, spousal support has no such formula and is based on complex California family law.
There are several primary questions which must be considered. How long did your marriage last? What is the economic and income viability of each former spouse? Generally speaking, the longer a marriage lasted and the greater the income disparity between the parties the greater the likelihood of spousal support.
The Court will give strong consideration to a former spouse who supported their partner as they pursued a professional degree or license. California law also recognizes the value of leaving a career to manage the household and raise children.
What other issues with the Judge consider when determining spousal support? There are too many specific things to list here, but generally speaking the factors include:
- The age and health of each party
- The standard of living the couple enjoyed during the course of their marriage
- The ability of each former spouse to achieve gainful employment
- Tax consequences
- Other financial resources such as investment accounts or retirement assets
- The disposition of the equity in the family home and other community property
The parties can negotiate the need for, duration and amount of spousal support and present their agreement to the Court for review and approval. The Certified Family Law Specialists at Burke & Domercq help our clients to prepare for these negotiations and work with the other spouse and their counsel to negotiate an agreement which achieves our client’s goals.
Mediation is another alternative for reaching an agreement regarding spousal support.
The nature of spousal support, like the nature of divorce itself continues to evolve over time. It is much less likely that spousal support will extend as long as it used to. Many Judges set expectations for the recipient of spousal support to become financially self-sufficient within a specific time frame.
What will the Judge consider when determining spousal support in your case? A complex series of factors and the unique circumstances of your marriage and lifestyle. This is why it is important to work with the proven Certified Family Law Specialists at Burke & Domercq.