Who pays spousal support in a Carlsbad divorce and when will our Family Court consider an award for spousal support? Generally speaking, California Family Law begins with an evaluation of the present income capacity as well as the value of marketable skills for each of the former spouses. Does one spouse earn substantially more than the other?
The next questions relating to who pays spousal support in a Carlsbad divorce come down to sacrifices made during the course of the marriage. Did one party work to put the other spouse through school or to support them while they pursued additional certifications or specialties? Did one of the spouses leave their career to manage the household or raise children?
Spousal support is one tool our Family Court has to level the financial playing field or the standard of living between the parties in a divorce. The Court will consider the health of each party, their age and work histories, the duration of the underlying marriage and the likelihood that each will be able to be self-sufficient after the divorce is completed. Cases which involve a substantial amount of community property may result in settlements which remove the need for spousal support, or replace it with some other financial strategy.
Spousal support may be ordered as “temporary” (during the course of the divorce) or as part of the “permanent” orders issued by the Court at the conclusion of a divorce. However, it is important to note, in the context of who pays spousal support in a Carlsbad divorce, “permanent” doesn’t necessarily mean forever. Today, most Judges establish a time frame for the recipient of spousal support to become self-sufficient. It is also generally accepted that the term of spousal support orders has a direct relationship to the length of the underlying marriage.
If you are concerned about who pays spousal support in a Carlsbad divorce we invite you to 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.