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San Diego Spousal Support Attorney

When a couple divorces or legally separates, the court may order one spouse to pay the other spousal support, otherwise known as alimony. As the court has tremendous discretion in these matters, it is in your best interests to have an experienced San Diego spousal support attorney by your side. Contact Scott & Matteson Family Law for the dedicated legal advocacy you need.

Why Choose Our Firm?

  • At Scott & Matteson, we craft our strategies based on your unique legal needs.
  • We are open and transparent in our actions and want you to understand all your options before moving forward.
  • Our San Diego spousal support lawyers have decades of experience in family law with a history of obtaining successful results for our clients.
  • Attorney James Scott has extensive courtroom experience, having conducted more than 250 bench and jury trials.

Why You Need a San Diego Alimony Attorney

As stated by California Courts, the judicial branch of state government, spousal support is a difficult legal issue and your best course of action is to consult with an attorney before proceeding. Our experienced family lawyers can develop effective case strategies, negotiate skillfully on your behalf, and fight for your rights in court, if necessary.

How Is Spousal Support Calculated?

For temporary spousal support, judges generally use a standard formula to calculate the amounts. Courts in different counties may use slightly different factors. In making its determination, the court must consider California Family Code Section 4320. The standard formula is not used by the courts to determine permanent spousal support.

Factors Affecting Spousal Support

The court will consider a number of factors before issuing a final spousal support order, including:

  • Length of marriage or domestic partnership
  • Age and health of both parties
  • Debts and property
  • Needs of each person based on the standard of living during the marriage or domestic partnership
  • What each person can pay to maintain the standard of living they had during the marriage or domestic partnership
  • Marketable skills of the supported party; job market for those skills; time and expense required to acquire education or training to develop those skills; and possible need for retraining or education to acquire other, more marketable skills or employment.
  • Whether being employed would make it difficult to care for children
  • Whether one spouse or domestic partner helped the other acquire education, training, professional license, or career
  • Whether the career of one spouse or partner was affected by unemployment or taking care of children or the home
  • Whether there was domestic violence in the marriage or partnership
  • Tax impact of spousal support

How Long Does Spousal Support Continue?

As a general rule, for marriages that have lasted less than 10 years, spousal support will continue for half the length of the marriage. However, the court may not set a duration for spousal support for a marriage that lasted many years. The burden is on the party who pays alimony to prove that it is no longer necessary at some point in the future. The courts very rarely favor lifelong spousal support.

Contact Scott and Matteson Today.

Spousal support is a complex legal issue over which the court has a great deal of discretion. This aspect of divorce can have a significant impact on your future financial circumstances, whether you are the party paying or receiving alimony. Call Scott and Matteson today to ensure your interests are well represented in a spousal support matter.

Request a Free Consultation

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