San Diego Spousal Support Lawyer
Reliable Advice for Your Unique Situation
Spousal support, also known as alimony, is often an issue when one spouse earns significantly more money than the other. Spousal support may be ordered to help the lower-earning spouse become self-supporting.
At Embry Family Law P.C., our spousal support attorney in San Diego can answer your questions and guide you through the process. Whether you are seeking alimony or disputing the amount of alimony you are being asked to pay, we have your best interests at heart.
How Spousal Support Is Calculated
Alimony is not awarded in every situation but can be requested by either spouse. Courts have great discretion when awarding alimony and will consider numerous factors when calculating payments.
When establishing spousal support, the court may consider:
- Earning capacity of each party
- Duration of the marriage
- Assets and financial obligations
- Age and health of each spouse
- Ability of supporting spouse to pay
- Needs based on marital standard of living
- Documented evidence of domestic violence
- What the supported spouse would need to attain the skills required for gainful employment
- The extent to which one spouse’s earning capacity was impaired because of long periods of unemployment that were devoted to raising children or completing domestic duties
Length of Alimony Awards
The length of the marriage is the primary factor in the length of time that a spouse will receive support. Spousal support is usually awarded for a certain amount of time in cases where the marriage lasted fewer than 10 years. When a marriage lasts more than 10 years, the court may award support for an indefinite period of time. In longer marriages, the burden of proof is often on the spouse paying alimony to show that spousal support is no longer necessary.
To discuss your spousal support concerns with our San Diego alimony attorney, contact us today.