How long can you expect spousal support to last in a San Diego divorce? Generally speaking, a lot will depend upon the length of the underlying marriage. However, there is no specific formula for calculating spousal support under California Family Law. The law provides the Judge in your case with a long list of factors which must be weighed to determine if support is necessary, and if so how much is required and for how long.
The duration of your marriage can provide some initial clues to the question of how long can you expect spousal support to last? 10 years is an important mark in any marriage. From a legal perspective one of the first questions the Court must answer before determining spousal support is whether the marriage was “short-term” or “long-term.” There are no specific answers to this question. Think of it more in terms of guidelines the Court will use to answer this question.
However, generally speaking the 10 year mark is an important anniversary and is often the point at which a “short-term” marriage becomes “long-term.” The short answer to the question “how long can you expect spousal support to last” is roughly half of the length of a short-term marriage, and considerably longer if the Judge determines you had a “long-term” marriage.
If you were married six years and spousal support is appropriate it will usually be ordered for a period of 30 to 42 months (roughly 3 years or half the length of the marriage). In long term cases, the duration of spousal support can last for years. The court will consider many factors including but not limited to:
- The duration of the marriage
- The present income of each party
- The ability of each party to support themselves financially
- The need of one party for support and the ability of the other to pay it
- The health of the spouses
- The age of the spouses
- The lifestyle the spouses enjoyed during the marriage
Recently, Judges are more interested in encouraging the recipient of spousal support to become self-sufficient within a given period of time. The unique circumstances and facts surrounding your case will ultimately determine the answer to how long can you expect spousal support to last in a San Diego divorce?