Why don’t all divorces have spousal support orders?

On Behalf of | May 5, 2021 | Divorce

California couples go through divorce for many different reasons. While the grounds that different parties base their divorces on may be similar, the actual facts and circumstances that led to their divorces will vary greatly. Unique factors alter the ways that parties and courts approach distinct diverse proceedings.

Differences can result in significant variations in how different divorces resolve. For example, couples without children will not have child support or child custody orders included in their final divorce decrees. Spousal support is another divorce-related matter that is not applicable in all divorce cases. This post will outline circumstances in which spousal support may not be included in divorce negotiations and outcomes. However, readers should not rely upon this post as legal advice.

When is spousal support included in divorce proceedings?

It is easier to identify when spousal support is not applicable if readers understand when spousal support is relevant to divorce proceedings. Generally, spousal support becomes part of a divorce when there is a significant disparity in the earnings or earning potentials of the parties. For example, if one party stopped working during their marriage to manage their home and raise the parties’ children, that party may be significantly disadvantage in terms of their financial standing when their marriage ends. Spousal support is intended to alleviate this challenge for financially dependent individuals.

Spousal support is not necessary in all divorce proceedings

To this end, there are marriages where both of the parties work and can be financially independent if they choose to separate or divorce. If two parties to divorce proceedings can manage their own financial affairs without the support of each other, then spousal support may not be a relevant issue for their divorce proceedings. Before deciding whether spousal support should be part of one’s own divorce negotiations, it is a good idea for the individual to consult with a trusted family law attorney for advice.

Just because a person does not require spousal support from their ex to live following their divorce, that does not mean they will not have financial challenges along the way. The division of property and the management of shared assets can be complex divorce issues that even the most financially stable individuals may struggle with. Divorce and family law attorneys can support their clients with all complex divorce matters, including negotiations surrounding spousal support.