When a couple decides to divorce, they may not always realize just how complex a process it can be. The law views a marriage much in the same way that it views a business relationship, and there are some very specific legal hoops that must be jumped through to successfully file for a divorce that the court will approve. One of the areas that is commonly misunderstood is the concept of spousal support after a divorce.
Many factors may be considered when determining spousal support. If your marriage has lasted a significant amount of time, this will be considered. Often, a judge will order spousal support to extend for roughly half the length of the marriage. However, if a marriage lasted for 10 years or more, it is not uncommon of the judge to order ongoing spousal support indefinitely.
Similarly, if there is a significant disparity in how much you and your spouse can earn. If one spouse put a career on hold or abandoned a career for the sake of the marriage, or if re-entering the workforce will require a spouse to undertake additional education or training, this will also be considered.
A judge also has the discretion and duty to consider any history of violence within the relationship. If either party has perpetrated domestic violence against the other party, this may factor in to the court's ruling.
Of course, it is always useful to approach legal issues with skilled legal guidance. The assistance of an experienced attorney can help you approach every area of your divorce professionally, ensuring that your rights are not violated in the process. An experienced attorney will fight to keep the process fair and walk with you through this difficult season.
Source: California Courts: The Judicial Branch of California, "Spousal/Partner Support," accessed March 29, 2017