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Determining Permanent Spousal Support in a Carlsbad Divorce

On Behalf of | Apr 5, 2022 | Spousal Support

What are the factors for determining permanent spousal support in a Carlsbad divorce?  The first concept to cover here is the difference between “temporary” spousal support orders and “permanent” spousal support orders.  Temporary orders are issued by the Court usually at the outset of the case or early in the divorce process.  Temporary orders exist until they are replaced by “permanent” orders.  Permanent orders simply means the issue has been resolved and these will be the final orders on the matter going forward.

It is especially important in terms of spousal support to understand “permanent” in this case does not mean “forever.”  It simply means the final order going forward.  The purpose of permanent spousal support is to provide the recipient with a financial standard as close to the couple’s marital standard of living until the recipient can become self-sufficient.  The basic issues in spousal support are the recipients need for support, and the payors ability to pay it.  Determining permanent spousal support in a Carlsbad divorce will be based upon a number of additional factors.

The most important of these is the duration of the underlying marriage.  In California, a marriage is considered to be “long-term” after 10 years.  If the duration of the marriage lasted less than 10 years, the length of spousal support is usually not to exceed half the number of years the couple was married.  In a six year marriage, spousal support would generally last up to 3 years.  This is not exact law, but a reliable rough guide.

Additional factors the Judge will take into consideration when determining permanent spousal support in a Carlsbad divorce is the earning capacity and marketable skills of each party, their age and relative health, taxes and any other issue the Court deems to be “fair” to consider such as the division of community property, and the existence of substantial “separate” property.

The Certified Family Law Specialists at Burke & Domercq provide sound advice and counsel on all family matters including questions of spousal support.  We invite you to review the strong recommendations of former clients and the legal industry, protect your interests 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.