San Diego Spousal Support Attorney
Spousal support, also referred to as alimony, is awarded to a spouse who has been in a long-term marriage. Spousal support refers to payments provided to a spouse during a divorce. A spouse can elect to receive a onetime lump-sum or periodic support payments. Spousal support is awarded to maintain the marital standard of living. The court considers several factors in determining whether or not to grant a spousal support order. The court may either order a temporary or permanent spousal support order. Contact San Diego Esquire for more information on how to obtain or modify your spousal support order. Read on to learn more about spousal support in California.
Spousal Support Overview
It is not uncommon for San Diego divorce proceedings to last longer than a year. To assure the lesser-earning spouse is able to maintain the marital standard of living during the divorce, the judge may grant a temporary spousal support order. A temporary spousal support order will terminate once the divorce is finalized.
You can request a temporary spousal support order after you file for divorce. You can also request a temporary spousal support order if you have a domestic violence restraining order (must be married to or in a registered domestic relationship with the restrained party).
To obtain a permanent spousal support order, the court will consider the following factors in determining the support amount to be paid and the duration of the payments:
- The marketable skills of the supported party.
- The extent to which the supported party’s present or future earning capacity is impaired by periods of unemployment that were incurred during the marriage to permit the supported party to devote time to domestic duties.
- The extent to which the supported party contributed to the attainment of an education, training, a career position, or a license by the supporting party.
- The ability of the supporting party to pay spousal support.
- The needs of each party based on the standard of living established during the marriage.
- The obligations and assets, including the separate property, of each party.
- The duration of the marriage.
- The ability of the supported party to engage in gainful employment without unduly interfering with the interests of dependent children in the custody of the party.
- The age and health of the parties.
- Documented evidence of any history of domestic violence.
- The immediate and specific tax consequences to each party.
- The balance of the hardships to each party.
- The goal that the supported party shall be self-supporting within a reasonable period of time. Except in the case of a marriage of long duration as described in Section 4336, a “reasonable period of time” for purposes of this section generally shall be one-half the length of the marriage.
- The criminal conviction of an abusive spouse.
- Any other factors the court determines are just and equitable.