How to Maximize Your Spousal Support in a San Diego Divorce
Spousal Support is intended to maintain financial stability and fairness
Spousal support is one of the most immediate and significant financial issues during a divorce. It ensures that both spouses can maintain stability and the marital standard of living where the goal is to become self-supporting. At Livingstone Law, our top priority is helping you transition into your next chapter with the financial support you need and ensure fairness and financial security.
How do the courts determine the amount I will receive through spousal support?
Court’s have broad discretion in determining initial spousal support and focus on fairness. They will typically use a support calculator, specifically Xspouse as a starting point. Xspouse only provides the baseline, and courts will then focus on what is fair under the circumstances.
What is the marital standard of living, and how does it affect spousal support?
The Court’s focus on maintaining the marital standard of living for both spouses to ensure fairness and stability. The marital standard of living is the status quo that was established during the marriage. Initial or “temporary” Spousal support is designed to ensure the supported spouse can meet their financial needs.
A strong advocate will provide details relevant to your case that demonstrate a supported spouses’ financial needs and direct the court’s attention to the factors that demonstrate the supporting spouses’ ability to pay support.
How can the courts focus on fairness and stability help provide maximum support?
In addition to the marital standard of living, fairness factors can include:
Each spouse’s ability to pay and needs.
The length of the marriage.
The contributions one spouse has made toward the other spouse’s career or education.
The extent to which one spouse supported the other spouses career through domestic duties.
The overall balance of hardships.
A compelling case connects each of these factors into a clear story to help the court understand your real financial needs.
Why it’s important to act in good faith and become self-supporting
Over time, courts can be more receptive of requests for support when they see the supported spouse demonstrates efforts to become self-supporting. We work closely with clients to present this narrative in a way that is grounded, credible, and aligned with how courts evaluate these cases.
How long can I receive support?
The court understands that as a supported spouse will need some time to become self-supporting. The marital standard of living and status quo become the cornerstone of establishing spousal support designed to protect you financially, including factors such as the amount of time the supported spouse stayed home with children, statements of the supporting spouse , and the supported spouses’ dependence on income from the supporting party. An effective advocate will highlight these factors to the court.
Conclusion
Spousal support is not just about numbers and data inputs. Spousal support is an art that requires strategy and the ability to present your financial reality to the court.
At Livingstone Law, APC, our attorneys Vera Livingstone and Bryanna Brandalesi leverage case law and your unique, case specific details to provide you financial security and peace of mind when spousal support disputes arise. We approach every San Diego Family Law Divorce matter with a keen eye for detail to ensure you receive the support you need.
