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Will Spousal Support Apply In Your California Divorce?

In California, marriages of less than 10 years may not trigger spousal support orders. Divorces when marriages have lasted 10 years or more, however, often involve spousal support, depending on the resources and needs of the respective soon-to-be former spouses.

Even before you are divorced, you may seek spousal support and/or child support as your legal case moves forward. If you need support from your spouse during the divorce process in the San Diego area, contact the Law Offices of Aaron C. Smith. Or perhaps you have a great income and your spouse is pursuing spousal support from you. Attorney Aaron C. Smith and our team can protect you from unreasonable demands.

Factors Considered When Calculating Spousal Support

Spousal support may be negotiated in connection with your property division agreement, or a judge may decide what is fair. Assuming you have been married for 10 years or more and one spouse has been financially dependent, you may expect a family law court to approve or order spousal support based on various factors, including the following:

  • How long your marriage lasted
  • How old and healthy you both are
  • How much each of you earns or is capable of earning
  • Financial obligations and assets of each
  • Needs that each of you has based on the standard of living established during your marriage
  • Whether one of you is able to pay support to the other
  • What one or both of you contributed to each other’s higher education, career or business development
  • Whether there has been a history of domestic violence in your relationship
  • How spousal support will affect tax liabilities
  • Whether one or both of you have hardships or criminal records to consider

Determining spousal support is neither formulaic nor a one-size-fits-all concept in a divorce. Your family law judge may see a different result than another judge would. For this reason, it is important to work with a divorce lawyer who is familiar with local judges and can help you prepare your divorce petition or respond to your spouse’s petition accordingly.

Get Answers And Direction For Your Divorce

Attorney Aaron C. Smith and our team are here to help you through each phase and aspect of your California divorce, including spousal support and property division. Contact the Law Offices of Aaron C. Smith by email or phone at 760-974-8605 to schedule a free initial consultation.