How is Spousal Support Determined in North County San Diego

Pierre Domercq Spousal Support

How is spousal support determined in North County San Diego? Is there a specific calculation method to determine the amount and duration of spousal support in North County? California has very specific guidelines for the calculation of child support during a North County San Diego divorce, but spousal support is less formatted under California law.
There are many “factors” which must be considered to determine a temporary or permanent award of spousal support in North County. One of the most important factors is the length of the associated marriage. This fact will have a bearing upon the duration of spousal support following a divorce. If the marriage was less than 10 years, spousal support generally lasts for a period equal to half the length of the marriage or less. If the marriage lasted longer than 10 years, the term of spousal support may be much longer.
Other factors include the ability of each spouse to earn a living, their unique skill set and the existing market for those skills. Did one spouse take time off from their career to raise children or manage the household? Did one spouse work to support the other as they pursued higher education or a professional degree or license? Does one of the parties (or both) jointly or severally own a business or professional practice?
The court will also consider the ages and health of the parties, the standard of living enjoyed by the couple during their marriage and the ability of one spouse to pay support to the other. The court should also consider the “separate” property of each party, the division of community property (especially if a greater share is to be given to the party receiving spousal support), tax consequences, alcohol or drug addiction and many other factors the court determines to be “just and equitable.”
This is why it is so important to be represented by the experienced Carlsbad divorce and spousal support attorneys at Burke & Domercq. We aggressively represent the interests of our clients and their unique goals and objectives during a divorce including issues such as spousal support. We invite you to review the recommendations of our clients and contact us or call 760-712-3741 to schedule an appointment with one of our attorneys to discuss your unique circumstances, and how spousal support may be handled based upon your experiences.