California’s Family Code provides guidance on when spousal support should be considered in a San Diego divorce case as well as the value and duration of the payments. Unlike child support, which has very specific calculations based upon a variety of financial factors, there is no established spousal support calculation under our laws for determining the need for, duration or amount of support. Generally, spousal support is intended to level the financial playing field between the parties and/or to provide an opportunity for one of the spouses to become financially self-sufficient after the divorce.
There are three different types of spousal support in a San Diego divorce – temporary support, rehabilitative support and permanent support.
Temporary spousal support is ordered in the period between the filing of the divorce and the time it is finalized. Temporary support is common when one of the parties has no source of income or when there is a substantial disparity in income between the spouses. Temporary spousal support is usually designed to ensure one of the spouses is not deprived of the financial resources required to support themselves during the course of the divorce.
Another of the different types of spousal support in a San Diego divorce is known as rehabilitative support. Rehabilitative spousal support is specifically designed to provide one of the spouses with the financial resources required to gain the education, skills or experience necessary to ultimately become self-sufficient after a divorce. The duration of rehabilitative spousal support is usually shorter in duration and clearly outlined by the Court.
Permanent spousal support orders are generally issued at the conclusion of the divorce process. It is important not to confuse the term “permanent” with “forever.” Even permanent spousal support orders can ultimately have a time limit established by the Court. The amount of permanent spousal support can always be modified later based upon several changes in the status quo such as a substantial change in income for either the payor or recipient, remarriage or cohabitation (in some cases), death, or other factors established by the Court.
Will spousal support be awarded in your divorce case? There are different types of spousal support in a San Diego divorce and it is important to seek the proven advice and counsel of the Certified Family Law Specialists at Burke & Domercq.