How is Spousal Support Determined in a Divorce?

If you are getting divorced, you are likely already aware of the potential key issues at stake, including spousal support. Whether you are the paying or receiving spouse, this matter is very important. In California, there are a few different types of spousal support available, so continue reading to learn more about them.

Spousal Support in a California Divorce

Spousal support is not automatically guaranteed in a divorce. Whether a judge orders support is based on several factors and, moreover, the type of support that may be ordered is also dependent on the unique circumstances of your marriage. California offers rehabilitative, temporary, and permanent spousal support. The state also recognizes reimbursement support.

Temporary support is designed to help the spouse who has a lower income cover living expenses throughout the divorce. Rehabilitative spousal support is the more common form of support. It is often awarded in cases where a lower-earning spouse needs time and support to obtain the education or skills to earn more money. Permanent spousal support is rare and typically reserved for long-term marriages when one spouse cannot work due to old age or illness.

California is also unique in recognizing reimbursement support. If a spouse helped the other secure training or education for their career, that spouse may seek reimbursement support to recover these funds.

Here are some of the factors a judge will examine to determine spousal support:

  • The earning capacity of each spouse
  • The marriage’s duration
  • Each spouse’s needs, which are based on the marital standard of living
  • Each spouse’s health and age
  • Each spouse’s assets and debts
  • Tax consequences each spouse may face
  • The paying spouse’s ability to make payments
  • A history of domestic violence
  • Any other factors that may be considered pertinent

If a judge orders reimbursement support, a judge will consider the amount of funds spent on that spouse’s education and career.

Speak to an Experienced Divorce Lawyer About Your Case Today!

At Family Law San Diego, our experienced legal team will guide you through your divorce and help you obtain the fairest spousal support settlement for your case. We have the knowledge and insight to assist you in navigating this process, so do not hesitate to reach out to us.

Call our law office today at (619) 577-4900 to request an initial consultation with one of our attorneys to discuss the details of your divorce and learn more about what we can do to help you.