Are you wondering how a request for spousal support will be handled in a San Diego divorce? Will you be eligible to receive spousal support or required to pay it? Unlike child support, which has a very established process and calculator for determining the need for and amount of child support, spousal support is a much more flexible and broad area of California family law.
The Judge in your case has broad authority to determine the need for, duration and amount of a spousal support order. California family law establishes several factors for the Judge to consider as part of this process. The factors include, but are not limited to:
- The duration of the marriage itself. The longer the marriage, the more likely spousal support will be an issue. If the marriage lasted longer than 10 years the duration of spousal support can be much longer.
- The age of each party and the presence of any health related issues
- The standard of living the couple enjoyed during the course of their marriage
- The income of both spouses (as well as any disparity between the two parties in earnings)
- The need for spousal support and the ability of a party to pay spousal support
- The work histories / careers of both individuals and the sacrifices either party made to support the other or to raise children/manage the household
- The viability (short and long-term) of each party to be or become self-sustaining
- The presence of community property which might eliminate the need for spousal support
- The presence of past or present acts of domestic violence
The question of how a request for spousal support will be handled in your divorce case is as unique as your own personal circumstances. The Certified Family Law Specialists at Burke & Domercq can help to provide insight into these questions as well as sound counsel and advice on any spousal support related question.
Spousal support is often a matter resolved between the parties in negotiations or mediation. When spousal support is ordered the Judge often issues a “Gavron Warning” or instruction to become self-sufficient within a specific period of time. These are complex issues and require the insight and analysis of family law attorneys with decades of experience.