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Spousal Support Factors in a San Diego Divorce

On Behalf of | Mar 11, 2022 | Spousal Support

What are the spousal support factors in a San Diego divorce case?  How and when will spousal support be ordered?  What is the difference between a “temporary” order and a “permanent” order?

There are far too many spousal support factors in a San Diego divorce to list here, and there is no specific calculation or formula for the Judge in your case to follow.  California Family Law provides our Courts with abundant discretion in not only whether or not spousal support will be ordered, but the amount of support to be paid and the duration of support itself.

Generally speaking spousal support is designed to level the financial playing field between the parties during the divorce, and provide a lesser-earning spouse the opportunity to develop self-sufficiency once the divorce is completed.  The Court considers not only the need for spousal support, but the ability of the payor to provide it.

The Judge must consider several spousal support factors in a San Diego divorce, including but not limited to:

  • The age, health and roles of each party going into the divorce
  • The earning capacity / employability of each former spouse
  • The duration of the underlying marriage
  • The standard of living the couple enjoyed during the marriage
  • Sacrifices made by one party to support the other
  • Past or present domestic violence or criminal activity

While these are just a few of the numerous factors established and rooted in California Family Law the Judge has broad discretion when determining the need for support and the ability to pay it.

Another of the spousal support factors in a San Diego divorce is the important difference between “temporary” and “permanent” spousal support.  Temporary spousal support orders are issued toward the outset of the divorce and extend until the final decree is issued.  “Permanent” orders are included in the final decree and cover post-divorce spousal support specifications.  There are several important things to note about spousal support in many cases:

  • It may surprise you to learn that temporary support is quite often higher than the amount ordered as permanent spousal support.
  • “Permanent” does not mean forever until death or remarriage. Permanent, in this context basically simply means “post-divorce.”  The duration of spousal support will be established by the Judge and this is usually accompanied with instructions for the recipient to become self-sufficient within a specific timeframe
  • Generally speaking, the longer the underlying marriage, the longer the duration of spousal support, especially if the marriage lasted longer than 10 years.
  • Spousal support can be modified post-decree based upon a significant change in the “Status Quo”

Are you concerned about spousal support factors in a San Diego divorce and whether spousal support will be ordered in your case?  How can you protect your interests?  We invite you to review the strong recommendations of former clients and the legal industry and contact us or call 760-389-3927 to schedule an appointment for a safe, confidential and private consultation with one of our experienced and proven Certified Family Law Specialists.