Spousal support is paid by one party to another during and after the divorce process. It is useful to keep in mind that, while the court may decree spousal support arrangements, both parties can make this determination together in a compromise. Assuming the arrangement is fair and mutually agreed upon, it may stand. A San Diego divorce lawyer may be able to assist you in a mediation to this end.
Temporary and Permanent Spousal Support
Temporary support is granted by the courts as a means of assisting the receiving spouse during the period between separation and date the divorce is final. This is generally calculated by a formula using income as a sole determiner, and is therefore generally a higher amount than permanent support.
The figure for permanent spousal support, by contrast, is determined by a consideration of numerous factors, including:
- Each party’s earning capacities
- Contributions to spouse’s education
- Employability of spouse (including how this may affect the children)
- Assets and debts of both parties
- Needs to meet marital standard of living
- History of domestic violence
The most important determiner, however, is the length of the marriage.
Duration of Support
It is important for you to have a San Diego divorce lawyer in your corner during all aspects of your dissolution of marriage, including while the court determines how long “permanent” spousal support will last. Support may be granted indefinitely or for a fixed period. A marriage of less than 10 years is considered for these purposes “short term” and the judge must grant support for a fixed period. This recipient can petition to have this period extended.
A marriage of over 10 years is considered “long term.” A judge may either award spousal support indefinitely or for a fixed term.
It is important to note both that, unlike child custody, the paying party’s support is not automatically increased when his/her income increases. Moreover, if the receiving party enters into a cohabitation relationship, this can affect spousal support.
Call for Legal Assistance
If you need assistance with a spousal support matter, or some other aspect of family law, call San Diego divorce lawyer for a consultation today at (619) 866-3756.