We are often asked about the issue of spousal support in a San Diego divorce. Will I (receive or have to pay) spousal support? How is the amount and duration of spousal support determined? What is the difference between temporary and permanent orders of spousal support?
The central questions of spousal support revolve around the need of the recipient and the ability of the other party to provide support. In cases where each spouse earns an equivalent amount of money there often isn’t any need or orders for spousal support. If there is a difference in the earning ability of the parties the issues of spousal support in a San Diego divorce will be on the table. The greater the difference between the earning capacity of the former spouses, the more likely spousal support will become.
Temporary orders are issued for the duration of the divorce. Permanent orders simply refer to the “final” orders issued at the end of the divorce proceeding going forward. Permanent, in this context, does not mean “forever.” The general calculation of temporary spousal support is based upon a calculation which subtracts half of the amount of the lesser-earning spouse’s monthly income from 40% of the higher-earning spouse’s income. The challenge with this is there are many ways to calculate, impute or claim income.
The amount of a permanent spousal support order is much less mathematical and more of a balance of a large number of factors. The Judge has significant discretion when approaching the issue of spousal support in a San Diego divorce as it applies to a permanent order. There are too many factors to list here but they include the length of the underlying marriage, the relative incomes and/or marketable skills of each party, the age and health of the parties, the lifestyle the parties enjoyed during the course of the marriage, the availability of other substantial assets after property division, and the sacrifices made for one another during the course of the marriage (such as leaving a career to raise children).
The Certified Family Law Specialists at Burke & Domercq have decades of experience in these cases. We can provide specific insight into your unique situation and the issue of spousal support in a San Diego divorce. We invite you to review the strong recommendations of former clients and the legal industry, protect your interests and contact us or call 760-434-3330 to schedule an appointment for a safe, confidential and private consultation with one of our experienced and proven Certified Family Law Specialists.