Will spousal support be ordered in your San Diego divorce? It can be challenging enough to provide for your family when you enjoy the benefit of two incomes. In many cases one of the spouses makes the decision to give up a career or work less to have more time to care for the children or manage the household. In other situations, one of the spouses may earn substantially more than the other.
Will spousal support be ordered in your San Diego divorce and what are some of the factors which will influence the outcome of this important question? Unlike child support, which begins with a very specific guideline calculation, the Judge has broad discretion when considering issues of spousal support. California family law requires the Court to consider literally dozens of factors as it weighs the need for support and the ability of one party to pay that support.
Some of these include:
- The present earnings of each spouse as well as their future earning potential
- The age and health of each spouse
- The length of the underlying marriage and the standard of living the parties enjoyed while married
- Sacrifices made by one spouse to support the other
Each case is unique and the need for spousal support, as well as the amount to be paid and the duration of the spousal support orders is fairly wide open. Generally speaking, the longer the marriage, the more likely the need for spousal support and the longer it may last. In cases where a marriage lasted less than 10 years, the duration of spousal support is up to half of the length of the marriage. If the marriage lasted longer than 10 years the Judge will usually give the recipient more time to become self-sufficient.
Recipients of spousal support are often given a specific amount of time to find meaningful employment or to become self-sustaining. The Judge retains the authority to review progress toward this goal and to make modifications in the future based upon changes in the status quo for each party.
Will spousal support be ordered in your San Diego divorce? You need the sound advice and counsel of the Certified Family Law Specialists at Burke & Domercq.