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How is Spousal Support to be Established and Calculated in a San Diego Divorce Case

On Behalf of | Jan 7, 2022 | Spousal Support

How is spousal support to be established and calculated in a San Diego divorce case?  Generally speaking, spousal support is a tool to level the financial playing field between the parties during the course of divorce as well as the years which follow.  Spousal support also facilitates the transition between a two-income household and becoming self-sustaining during or after a marriage.

Unlike guideline child support, there is not a specific formula for spousal support to be established and calculated in a San Diego divorce action.  Each case is unique.  Instead, California Family Law establishes several types of support and provides a multitude of factors for the Judge to consider.

Temporary spousal support is ordered to provide a lesser-earning spouse with the financial resources needed throughout the process of the divorce.  Rehabilitative spousal support has become the most common strategy when one spouse earns significantly more than another after a divorce.  This is especially true if one parent has left the workforce to manage issues during COVID-19 or to raise the children and manage the household.  Rehabilitative support is usually limited to a period of time which provides enough time for the recipient to become financially self-sustaining.

Permanent spousal support is usually the result of a long-term marriage (one which lasted 10 years or longer).  In these cases the recipient may have challenges related to their age, skill level, health or other related issue(s).  In all spousal support cases, the Judge considers a broad range of factors including, but not limited to:

  • The standard of living enjoyed by the spouses during the course of the marriage
  • The age and health of each party
  • The marketable skills, education and employment viability of each spouse
  • Support or sacrifices one spouse had provided to another in order to gain an advanced degree or specialized training
  • The availability of other assets and funding sources following property division
  • The duration of the underlying marriage
  • Tax consequences
  • Any other factor the Judge believes to be equitable and just

How is spousal support to be established and calculated in your San Diego divorce case?  You need the experienced, proven insight and counsel of the Certified Family Law Specialists at Burke & Domercq.  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.