You may have several questions regarding financial issues associated with getting through the process of a divorce. One of the most common questions we are asked is “Will I be awarded spousal support in my San Diego divorce case?”
The question of spousal support (often referred to as alimony) essentially comes down to three important issues: the duration of the marriage, the need of one party for support and the ability of the other party to pay it. Generally speaking if both parties are employed and earn roughly the same amount of money annually the likelihood of spousal support may be substantially reduced.
However, when there is a substantial difference in the earning capacity of both parties, or where one party has left the work force to support the household or raise children the Court may recognize the need for spousal support. Generally speaking, the Court will consider the standard of living or “Status Quo” of the parties in their lives leading up to the divorce. The duration of the underlying marriage also has a substantial impact on the nature of spousal support. If the marriage lasted less than 10 years, most spousal support orders only last for a few years, and the recipient is instructed to do what is necessary to gain the ability to support themselves financially.
Another issue to consider when answering the question of “Will I be awarded spousal support in my Can Diego divorce case?” is the age and health of the parties. These factors, and a host of additional issues specified in California Family Law contribute to an analysis of the recipient’s eligibility for spousal support and ability to become self-sufficient. In other cases, the division of marital assets may provide enough (in the eyes of the Court) to reduce or eliminate the need for an award of short or long-term spousal support.
There are several complex legal and financial issues which must be worked through in order to answer the question “Will I be awarded spousal support in my San Diego divorce case?” This is why it is important to work with the experienced and proven Certified Family Law Specialists at Burke & Domercq.