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What Do You Need to Know About Spousal Support Prior to a Divorce in San Diego

On Behalf of | Feb 16, 2022 | Spousal Support

What do you need to know about spousal support prior to a divorce in San Diego?  If you are considering a divorce you are probably wondering about the issue of spousal support, when it is awarded, how much it’s going to be and how long it will last.

While these are all important questions the reality is spousal support is not a precise mathematical calculation.  California Family Law provides a large number of factors for a Judge to consider as they approach this issue and the issue of what the Judge finds as “equitable” in your case.  A few of these factors include issues such as the length of the marriage, the health and age of the parties, income or earning potential disparity between the former spouses, the need for support, the ability to pay support and the lifestyle enjoyed by the parties during the course of the marriage.  There are too many factors and the issues are too complex to address here.  The Judge has wide discretion to determine an equitable duration and amount for spousal support.

That being said, one of the first things you need to know about spousal support prior to a divorce in San Diego is it is generally based upon the need of one spouse and the ability of the other to provide.  Spousal support is generally designed to somewhat level the playing field during the process of the divorce and then provide a lesser-earning spouse with the opportunity to become self-sustaining after the divorce is completed.

There are two types of spousal support orders: temporary and permanentTemporary spousal support orders are issued toward the outset of the divorce process to provide financial resources to a spouse who needs them.  It is not unusual for temporary spousal support to be higher than permanent spousal support.  Permanent spousal support is not “forever.” The word “permanent” in this context basically means “from the issuance of a final divorce decree to the end of the ordered spousal support.”

Another thing you need to know about spousal support prior to a divorce in San Diego is it is likely to end.  Very few spousal support orders now last until remarriage or death.  This is only the case in extremely long marriages with specific sets of circumstances.  In most cases the Judge provides a specific period of time for the recipient of spousal support to adjust to post-divorce life and become self-sufficient.  Each case is different and this is why you need the proven counsel of the experienced Certified Family Law Specialists at Burke & Domercq.

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.