How does the length of the marriage affect spousal support? How long do you have to be married in California to qualify for spousal support and how is the amount of spousal support determined? We are often asked these questions regarding spousal support in a divorce case. In some cases the person asking the question has only been married for a few years. In other cases, the person has not worked in several years in order to raise children and manage the household. They are concerned about their ability to return to a career and earn a living wage after the divorce.
California has not established an answer to the question of how does the length of the marriage affect spousal support. Standard of living is perhaps one of the most important issues in the determination of spousal support. The length of the marriage and the income disparity between the parties will also be given serious consideration by the Court.
While there is no hard and fast rule or law, in practice North County judges may order a temporary spousal support in marriages which last six months or longer. In our decades of experience we’ve seen examples all across the board. We’ve seen cases where no spousal support was ordered in a long marriage while it is ordered in other cases where the marriage lasted only a few months.
When representing a client our attorneys demonstrate the need for temporary spousal orders (and ultimately a permanent order of spousal support) when a marital standard of living has been established and one spouse has the resources to support the other. Generally speaking, spousal support is often awarded for a term which is equal to half the duration of the underlying marriage.
The answer to the question “how does the length of the marriage affect spousal support?” will vary from case to case and Court to Court. Each case is unique and it is important to consult with one of our experienced Carlsbad divorce and spousal support attorneys. We invite you review the recommendations of our clients and contact Burke & Domercq or call 760-712-3741 to schedule an appointment with one of our experienced family law attorneys.