San Diego Spousal Support Attorney

Spousal support is characterized by the amount of support,  the duration of support and the jurisdiction of the Court over the issue of support. The court has great latitude and discretion in determining spousal support; however, the court will examine the totality of the relationship when making its final decision. In marriages of ten years or less, support is commonly granted for half the length of the marriage. In divorces of marriages that are more than ten years – by statute, considered a lengthy marriage – the court will generally not create a future date of termination of spousal support or jurisdiction over spousal support.

The Court Considers Many Factors in Determining Spousal Support Amount

The family court is required to examine 14 statutory factors in its decision (see Divorce Library, “How is Spousal Support Determined?”) While the factors are to be considered, there is still not a formula; the entirety of the situation is more important than any specific aspect.

The court will look at the greater perspective when considering spousal support:

• Earning capacity
• Standard of living

What can each spouse earn to maintain the same or similar standard of living?

• Does the spouse who is to get the support have any marketable skills?
• Is there a job market for those skills at the present time?
• What will it take to better educate or train the spouse so that s/he can earn more, get a better job or change careers?
• To what extent was the earning capacity negatively affected due to focusing on domestic duties?

Factors that Influence Spousal Support Determination

The court will consider factors, including the following:

• How long the marriage or domestic partnership lasted
• Whether there is a history of domestic violence between the parties
• Emotional distress that resulted from domestic violence
• The ability of the paying spouse
• Both party’s needs – to be looked at from the perspective of the standard of living during the marriage
• Debts, assets of each party
• To what extent will the children be negatively affected if the parental caregiver becomes employed
• The age and health of each party
• Whether there will be tax consequences
• Basically, whatever else the court determines to be important in making the spousal support decision

Testimonial From a Client

• “Six months after my husband turned 50, he told me he wanted a divorce . . .[s]he really impressed me when she took all my husband’s financials and went through each deposit and expense.  In the end, she discovered that he had been spending thousands of dollars a month for the past couple of years just on himself!  No wonder we didn’t have any money!!  If she had not been so thorough, the judge would have had no choice but to use my husband’s very distorted monthly income to establish my spousal support.  I have every confidence in Tara’s ability to represent me in any situation because I trust her.  She has integrity and is the most ethical attorney I have ever worked with . . .I would highly recommend and have already recommended Tara Yelman. . .”   C. A.  San Diego

The Role of the Family Lawyer in Spousal Support

The family lawyer has the duty to advocate on behalf of her client. Although the court may have  an abundance of data and information available to help make the proper determination of whether and how much spousal support should be awarded, it is often the advocacy of the family lawyer that is of the most critical importance. The Family Law Attorneys at Yelman & Associates represent their clients with specific goals and results in mind. Many cases are determined specifically as a result of the attorney’s ability to convince and persuade the court on behalf of their client. We are articulate, seasoned, knowledgeable spousal support family law attorneys. For a complimentary telephone consultation, call Yelman & Associates at (619) 282-1107, or (760) 480-8400.