Executive Divorce Lawyer FAQs

If a marriage lasts less than 10 years, the general rule is that spousal support will last half the length of marriage.

If a marriage lasts longer than 10 years, then the marriage is considered to be of “long duration,” which means that the court may not set a definite termination date for spousal support. However, this does not necessarily mean that the spouse receiving support will get a lifetime of support. However, this does not necessarily mean that a spouse receiving spousal support after a long-term marriage will continue to receive spousal support for the rest of their life.

The amount of “temporary” spousal support (i.e., spousal support pending the divorce decree) that is paid is often determined by a mathematical formula based largely on each party’s income. However, there is no formula for determining “permanent” spousal support (i.e., spousal support ordered in the divorce decree). Instead, the amount of permanent spousal support is based on several statutory factors, including:

• The length of the marriage
• The paying spouse’s ability to pay spousal support
• The needs of each spouse based on the standard of living during the marriage
• Each spouse’s earning capacity
• Each spouse’s age and health
• Evidence of domestic violence
• And more

Child support in California is based on mandatory statewide guidelines that involve a complex calculation that takes into account the number of children, how much time each parent spends with the children, each parent’s income, and other factors. Therefore, there is no concrete answer in determining child support until these factors are accurately determined and have been presented to the court.

Most times, mediation is more cost-effective than court, as it is faster, more direct, and doesn't involve the delays of court hearings. Most people prefer mediation as it is confidential and handled in a more comfortable setting and is more likely to result in a harmonious outcome in the end, which benefits both parties.

If a divorce is contested and cannot be settled outside of court or through mediation, then it will go through litigation in court. However, the ideal situation is to settle outside of court as it can be a drawn-out process that is extremely costly.