How is North County and Carlsbad Spousal Support Determined?

Pierre Domercq Spousal Support

The determination of spousal support (often referred to as “alimony”) in divorce cases across North County and here in Carlsbad is quite complex. There are several factors that determine if and when spousal support is to be awarded, and the amount of support itself. These include but are not limited to:
The length of the marriage
The lifestyle enjoyed by the couple during their marriage
Giving up a career to raise children and support the household
Working to support a spouse as they complete education or professional certification
The likelihood that a spouse can find gainful employment based upon many factors including age, health, experience, and education
Unlike child support which has specific guidelines assigned by the State of California, spousal support is often much more complex and utlimately support orders are the result of extensive negotiations, mediation or ultimately litigation.
Once spousal support has been established, the Judge will often remind the spouse receiving the support that it is not going to last forever. Our local Judges often issue a “Gavron Warning” which establishes a specific time (often 3 to 5 years) for the party receiving support to become financially self sufficient. Spousal support is usually longer in duration for longer term marriages, and in those cases when one party has left the work force for many years to support the other and to raise a family.
Another important aspect of spousal support relates to tax implications for both parties. Spousal support is deductable to the payor, and taxible as income to the party who receives it. The highly experienced Carlsbad divorce and family law attorneys at Burke and Domercq help to structure settlements that take tax ramifications into account. This helps to ensure that each party is in the best position possible and the minimum amount of payment generates the maximum amount of net benefit to the recipient.
If you are concerned about spousal support or any other issue related to a Carlsbad, Oceanside or North County divorce call 760-712-3741 to schedule an appointment with one of our experienced attorneys.