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What is the likelihood of Spousal Support After 10 Years of Marriage in a San Diego Divorce?

On Behalf of | Apr 29, 2021 | Spousal Support

What is the likelihood of spousal support after 10 Years of marriage in a San Diego divorce?  A few decades ago in California, if the underlying marriage lasted longer than 10 years, spousal support could almost be viewed as a permanent contract of support.  Many subsequent Court Cases, Appellate and Supreme Court decisions have had an impact on the nature and duration of spousal support after 10 years of marriage.

The Court will absolutely be interested in the actual duration of the marriage.  This is the period of time from the date of the marriage to the (final) date of separation prior to the divorce.  However, the Court must also weigh several other factors when determining the amount and duration of spousal support.

Is there a substantial difference in the ability to earn a living between the former spouses?  How old is each party?  What health conditions exist for either or both of the former spouses?  What was the standard of living the couple enjoyed during the course of their marriage?  How long after the 10 year point did the divorce occur?  (There is a substantial legal and financial difference between a marriage of 10 years and 8 months than a marriage which lasted 19 years.)

The likelihood of spousal support after 10 years of marriage in a San Diego divorce is quite high.  However, the parties have the legal right to reach any agreement and present it to the Court.  The Court may not agree, especially if the Judge believes the agreement is weighted toward the spouse who already has more financial strength and earning capacity.

The duration of the marriage certainly doesn’t mean there has to be spousal support.  The Judge may award no spousal support if the earning capacity of each party is sufficient and all other financial, health and retirement aspects are somewhat in balance.

The Court must also consider the sacrifices made by either party in support of the other during the course of the marriage.  For example, did one party work to support the couple while the other completed their education or professional training?  Did one of the parties leave their career to manage the household, raise children or support family members of their spouse (such as older parents)?

While the likelihood of spousal support after 10 years of marriage in a San Diego divorce is higher than a shorter term marriage, there are multiple factors which will affect this issue in your divorce.  This is why it is important to seek the counsel of the experienced, proven Certified Family Law Specialists at Burke & Domercq.

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.