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Is Spousal Support Ordered in Every San Diego Divorce?

On Behalf of | Nov 3, 2020 | Spousal Support

Is spousal support ordered in every San Diego divorce?  Many people who are considering a divorce wonder about expenses after a divorce, such as child support and spousal support.  Will spousal support be ordered in your case?

Spousal support is not an automatic outcome of a divorce in San Diego.  Spousal support is established under California law to level the financial playing field between the two parties based on a variety of factors.  Spousal support can be established as part of the temporary orders toward the beginning of a divorce.  “Permanent” spousal support can also be included as part of the final divorce decree.

Temporary spousal support orders are usually issued to ensure one spouse can support themselves through the course of the divorce itself.  “Permanent” spousal support is usually intend to help a lower earning spouse to maintain somewhat of the marital standard of living until they can become self-sustaining.

It is important to note in the majority of cases “permanent” in this context does not mean forever.

When considering the question of whether there is to be spousal support ordered in every San Diego divorce the judge must consider a complex series of issues, including but not limited to:

  • The length of the underlying marriage, as well as the age and the health of each of the former spouses
  • The economic viability and earning capacity of each of the former spouses
  • The time which will be required for the recipient of spousal support to become self-sufficient
  • The financial substance of each party after the divorce including division of assets and debts as well as community property
  • Sacrifices made by the recipient of spousal support during the course of the marriage such as leaving a career to raise children or manage the household, working while the a primary earner completed their education or so that they might obtain additional training, education or a professional license

Generally speaking, when the underlying marriage lasted 10 years or less the term of spousal support might equal half of the length of the marriage.  If the marriage lasted four years, the Judge might order permanent spousal support for two years.

When the underlying marriage lasted 10 years or longer and many of the factors above are present the Judge will usually consider extending spousal support for many years.

Is spousal support ordered in every San Diego divorce case?  No, and each case is unique based upon the specific facts in your case.  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.