You may be wondering if temporary spousal support is likely in your Carlsbad divorce. What determines the need for temporary spousal support? Here in California, child support follows specific calculations. Spousal support is not based upon a specific calculator per se. California Family Law provides the Judge in your case with comprehensive discretion as to the need for spousal support as well as the amount to be awarded.
Generally speaking, spousal support is intended to somewhat level the financial playing field between the two spouses. The Court is primarily concerned with two general factors:
- The standard of living enjoyed by the spouses while they were married
- The financial ability of a lower-earning spouse to transition from a dual-income marriage to a single income household.
If there is a significant difference in wages or the ability to earn a living between the two spouses temporary spousal support is likely in your Carlsbad divorce case. This is especially true if one of the parties left the work force to raise children or manage the household.
The Judge will consider the standard of living enjoyed by the spouses during the marriage and provide a lesser-earning spouse with the ability to continue a standard of living as close to the level they enjoyed during the course of the marriage. Ultimately the Court will usually establish orders for the recipient to develop the ability to financially support themselves within a reasonable period of time.
There are two types of spousal support: Temporary and Permanent.
“Temporary” spousal support orders usually extend until the Judge issues final or “permanent” spousal support orders as part of your divorce case.
The amount of temporary spousal support is usually based upon a base calculation of taxable income for the parties, the resources each spouse will have during the course of the divorce, appropriate expenses and the cost of living.
If the income of each party is roughly equal, the likelihood of temporary spousal support is greatly diminished.
Get answers to questions and learn if temporary spousal support is likely in your Carlsbad divorce.