Are you wondering how permanent spousal support is determined in a Carlsbad divorce? Temporary spousal support (if it has been ordered) was established to get the parties through the divorce process. The existence of temporary spousal support and/or the amount ordered by the Court is often quite different from the amount and terms of a permanent spousal support order.
There is no specific formula to determine whether or not permanent spousal support is to be ordered. The amount and duration of permanent spousal support is based upon a substantial number of factors as established by California Family Law. The Judge in your case has a broad degree of discretion as they evaluate the specific facts of your divorce case.
The factors which must be considered as part of the process of how permanent spousal support is determined in a Carlsbad divorce include but are not limited to:
- The duration of the underlying marriage – if the marriage lasted less than 10 years spousal support is usually considered for a period equal to roughly half of the duration of the marriage. If the couple were married longer than 10 years the amount and duration of the permanent spousal support will usually be greater.
- The health, age and earning capacity of each former spouse
- The financial need of the recipient of spousal support and the ability of the payor to pay it.
- Other assets which may have been distributed during the course of community property division which support the ability to maintain a consistent lifestyle.
- The existence of separate assets, especially from the perspective of the recipient.
- The presence of domestic violence. Usually the Court will not order the victim of domestic violence to pay spousal support to the perpetrator of domestic violence.
- The ability of the recipient to become self-supporting within a reasonable period of time.
- Any other factor(s) the Judge believes to be equitable or just based upon the facts at hand.
The proven, experienced Certified Family Law specialists at Burke & Domercq will have a significant impact on the accomplishment of your goals and objectives during your divorce. Each case is unique and our attorneys can provide insight into how permanent spousal support is determined in a Carlsbad divorce and how this applies to your case.