Carlsbad Family Law Attorneys

Spousal Support: How Much and for How Long?

For the most part, calculating child support in California is as simple as plugging the appropriate numbers into a computer program. The number that the Forever paying alimonyprogram (Dissomaster) spits out is generally the amount that one can expect to pay or receive in child support. Spousal support isn’t that simple.

Determining the amount of Spousal Support using Family Code Section 4320

California divorce courts utilize Family Code Section 4320 to analyze the issue of spousal support. This family code section provides a number of factors to be considered in making an order for spousal support. Divorce lawyers refer to these as “4320 Factors.”

The 4320 factors include:

a. Whether or not each party has the ability to earn income sufficient to sustain the standard of living enjoyed during the marriage.

b. The extent to which the spouse seeking spousal support contributed to the attainment of the education or career position of the other spouse.

c. The ability of the supporting party to pay spousal support after consideration of earned and unearned income, assets, and standard of living.

d. The needs of each party based on the marital standard of living.

e. The assets and debts of each party including separate property.

f. The length of the marriage.

g. The ability of the party seeking spousal support to engage in gainful employment without interfering with the parent’s ability to care for the minor children of the marriage.

h. The age and health of the parties.

i. Documented evidence of domestic violence.

j. The goal that the supported party shall be self-supporting within a reasonable period of time.

A good divorce lawyer will know how to present an argument on the issue of spousal support that touches on every factor and includes evidence relevant to every factor. “No single factor should be downplayed as irrelevant as evidence relating to each factor can have a significant impact on the ultimate amount of support ordered in your divorce”, says John Griffith. Consider this hypothetical for example:

Husband and Wife were married for 25 years. During the marriage the parties had four children. When the parties started having children, Wife stopped working so that she could care for the children. At the time f the divorce, Husband earns $200,000 a year. Husband is 61 and Wife is 47.In this example the age of the parties is an extremely relevant factor in determining what the ongoing spousal support order should be. A good divorce lawyer experienced in spousal support litigation would argue that spousal support should be discounted to account for the fact that Husband is much closer to retirement age than is Wife. As such, Wife, has many more years of earning potential which includes many more years for her to contribute to her retirement. As part of the divorce Wife is already receiving 50% of the retirement savings accrued to date. Husband has only a few more years to add to what has been divided in the divorce, as such, he should pay less spousal support in order to balance this perceived inequity.

Duration of Spousal Support and the “10 Year Rule”

The general rule for the duration of spousal support is governed by the “10 Year Rule.” The 10 Year Rule is a general rule providing that the length of spousal support in a marriage lasting less than 10 years should be equal to one half the length of the marriage, while the duration of spousal support in a long term marriage lasting longer than 10 years is indefinite. It is important to note that the 10 Year Rule is a statutory guideline. The family court judge has discretion to order spousal support for longer than half the length of the marriage in a short term marriage if the circumstances provide that this would be appropriate.

Spousal Support is an issue that is more often than not a highly contested aspect of any divorce. Griffith, Young & Lass is a team of skilled and experienced divorce lawyers representing family law clients in all parts of San Diego County. Whether yours is a high income or low income spousal support case, or attorneys will come up with a plan for you that considers your unique concerns and circumstances.

Contact us online or call us now at (858) 371-5569 for a free 30 minute free consultation. 

Categories

Meet Our Team 

Honest. Fearless. Bold.
  • John N. Griffith, Esq., CFLS
  • Catie E. Young, Esq., CFLS
  • Amy J. Lass, Esq., CFLS
  • Shirin Asgari, Esq., CFLS
  • Noelle J. Slattery, Esq.
  • Eric Cowdery, Esq.
  • Joshua Yee, Esq.
  • Shaudi Malekzadeh, Esq.
  • Lea Trojanowski, Esq.
  • Greyson Sharp, Esq.
  • Brittany Van Ryder, Esq.
  • Karissa Piralla, Esq.
  • John N. Griffith, Esq., CFLS John N. Griffith, Esq., CFLS

    Partner

    John Griffith has practiced exclusively in the area of family law since 2009. John is a Certified Family Law Specialist certified as an expert in the area of family law by the California Board of Legal Specialization. Prior to opening Griffith, Young & Lass, he worked as the managing partner of one of the largest family law firms in North County San Diego.
    View Profile
    John N. Griffith, Esq., CFLS Photo
  • Catie E. Young, Esq., CFLS Catie E. Young, Esq., CFLS

    Partner

    Catie E. Young excels in child custody cases and move-away trials. She has a unique approach to child custody cases and clients of Griffith, Young & Lass tend to gravitate toward her in these cases. Since joining the firm, she has continuously brought her zeal and compassion to representing clients in child custody and domestic violence cases, and in December 2011, she became a partner at Griffith, Young & Lass.
    View Profile
    Catie E. Young, Esq., CFLS Photo
  • Amy J. Lass, Esq., CFLS Amy J. Lass, Esq., CFLS

    Partner

    Amy Lass, a certified family law specialist, was born in New York and raised in San Diego, California. Amy graduated from Cal Poly, San Luis Obispo in 2003 with a B.S. in Economics with a concentration in Enterprise Accounting. Amy went on to earn her law degree from Thomas Jefferson School of Law and graduated cum laude in 2006.
    View Profile
    Amy J. Lass, Esq., CFLS Photo
  • Shirin Asgari, Esq., CFLS Shirin Asgari, Esq., CFLS

    Associate

    Attorney Shirin Asgari has a broad spectrum of legal experience and has handled matters in family law, criminal law, business law, and national security law. Currently, she focuses on family law matters and is a strong advocate for the rights of her clients. She dedicates time and attention to the needs of each client and the unique circumstances their case presents.
    View Profile
    Shirin Asgari, Esq., CFLS Photo
  • Noelle J. Slattery, Esq. Noelle J. Slattery, Esq.

    Associate

    Noelle J. Slattery, Esq. has a bachelor’s degree in Performing Arts/Acting from Emerson College in Boston and a Juris Doctor ...
    View Profile
    Noelle J. Slattery, Esq. Photo
  • Eric Cowdery, Esq. Eric Cowdery, Esq.

    Associate

    Eric Cowdery earned his bachelor’s and Master’s degrees before earning his JD from Golden Gate University as part of the Honors Lawyering Program. He was admitted to the California Bar Association in 2013 and has been working diligently in the field ever since. Taking a personalized approach to each case, Eric Cowdery is committed to working with clients to help them through the often confusing and complex legal process of divorce.

    View Profile
    Eric Cowdery, Esq. Photo
  • Joshua Yee, Esq. Joshua Yee, Esq.

    Associate

    Attorney Joshua Yeereceived his Bachelor of Arts degree in Political Science, from the University of California, San Diego. Joshua went on to receive his Juris Doctor degree from University of San Francisco. His experience working with a local Certified Family Law Specialist solidified his desire to become a family law attorney. Since becoming an attorney, Josh has exclusively practiced in family law.
    View Profile
    Joshua Yee, Esq. Photo
  • Shaudi Malekzadeh, Esq. Shaudi Malekzadeh, Esq.

    Associate

    Shaudi Malekzadeh is a Carlsbad family law attorney at Griffith, Young & Lass, advocating for the rights and interests of Southern California families in a variety of family law cases, such as child custody, alimony, spousal support, and the division of community property. She is committed to delivering effective legal representation to our clients, aggressively advocating for their legal rights, and offering compassionate legal advice.
    View Profile
    Shaudi Malekzadeh, Esq. Photo
  • Lea Trojanowski, Esq. Lea Trojanowski, Esq.

    Associate

    Lea Trojanowski is an attorney with Griffith, Young, and Lass, joining the firm in March 2021. Her pragmatic and level-headed approach to family law has allowed her to be successful in even the most emotional family law cases. Lea has effectively represented clients in a wide range of family law proceedings, but is particularly drawn to domestic violence restraining order cases.
    View Profile
    Lea Trojanowski, Esq. Photo
  • Greyson Sharp, Esq. Greyson Sharp, Esq.

    Associate

    Greyson Sharp received his Bachelor of Arts degree in Communications from California State University, Fresno. After ...
    View Profile
    Greyson Sharp, Esq. Photo
  • Brittany Van Ryder, Esq. Brittany Van Ryder, Esq.

    Associate

    Brittany Van Ryder joined Griffith, Young, and Lass as a Bar Clerk in September 2022. She became an Associate Attorney at the ...
    View Profile
  • Karissa Piralla, Esq. Karissa Piralla, Esq.

    Associate

    A San Diego native, Karissa earned a Bachelor's Degree in Communication from UCSD and a Juris Doctorate from the University ...
    View Profile

Our Results Speak for Themselves

Over 100 5-Star Reviews Throughout Our Social Media Platforms
  • The way John presented our case was pure genius with meticulous preparation and deliberate action in court.

    “We were referred to John Griffith at GYL by our former attorney. I specifically was looking for an aggressive attorney that would yield results. John, Josh, and the firm performed flawlessly, and did ...”

    - MoMo M.
  • I would highly recommend Griffith, Young & Lass to anyone looking for ethical, honest, hard-working and skillful lawyers.

    “I would highly recommend Griffith, Young & Lass to anyone looking for ethical, honest, hard-working and skillful lawyers (I would stress these are actually rare qualities within the legal industry and ...”

    - Scott G.
  • You cannot find a better law firm.

    “I cannot say enough good things about John Griffith and this law firm. Each person i interacted with was responsive, intelligent, thoughtful and professional. Attorney Griffith worked very hard to ...”

    - Michelle P.
  • It was the best decision I’ve made yet and hopefully, it will be yours too.

    “She doesn’t back down from anyone. It was the best decision I’ve made yet and hopefully, it will be yours too.”

    - Ian R.
  • Understanding, accessible, and I was very happy with the outcome of my case. If I could give a higher rating I would!

    “Easy to work with, forthcoming about the process, set realistic expectations, and always kept cost in mind.”

    - Jennifer P.
  • All three lawyers worked together on the issues surrounding my case, which helped greatly when I was in need of answers or support.

    “The GYL team is always prompt at returning calls & emails. From personal experience, I can tell you that they will not step away from your case until it's finished.”

    - Kelsey L.
  • I couldn’t have made it without them! I highly recommend them!

    “GYL has been an extraordinary support and backing in my divorce. Being a male in the military, the process for divorce and custody is difficult. GYL was extremely helpful, and I was able to full custody of my children. That alone is such a monumental feat.”

    - Frankie S.
  • Worth every penny! My custody case went as stress-free as it could possibly be.

    “I hate seeing anyone go through custody battles but if you’re in that situation and need someone who is trustworthy and great at what they do, then I swear this is the place to get the help!”

    - Emily B.
  • I highly recommend GYL if you are ever in need of a family law attorney.

    “No matter who I corresponded with they were always knowledgeable of my case and quick to respond.”

    - Kimberley F.
  • Highly professional and supportive in a very uncertain time in my life.

    “My clearance was granted without any additional issues. I'd recommend this legal team to any Soldier needing help with their clearance.”

    - K. Brooks
  • Always willing to listen to your concerns. I would highly recommend.

    “Compassionate and kind, however, he will fight for you and your best interests. He is calm and calculated and extremely smart.”

    - Ann M.
  • Extremely helpful, responsive, and reasonable and got the job done amidst tenuous circumstances.

    “She and her team were extremely compassionate, sensitive with me while concurrently advocating strongly on my behalf.”

    - Jeremy R.
  • I felt like she was practical and knowledgeable and most importantly, she listened.

    “The professional and succinct assistance was a much-needed breath of fresh air in the maze of hurdles and complications with our family law case.”

    - David R.
/

Why GYL? 

Turn to a Team that Does It Best
  • We're Leaders in Our Field

    From case planning to preparation, to superior courtroom presence, our clients can be sure that they will walk into the Courtroom prepared and with the best chance of success.

  • Client Centered & Results Oriented

    Our representation is tailored to the unique circumstances of each client. We deploy the GYL strategic case trajectory dynamic to ensure the best chance at success at the most reasonable cost. 

  • Brilliant, Hard-Working & Honest

    We don't believe in wasting our client's time and money. Helping people is what drives us to excel at our craft. We first identify the goals and interests of each client, we then develop an efficient and effective case plan aimed at achieving those goals.

  • Responsible & Ethical Practices

    We believe in a responsible and ethical practice and stick to our values regardless of the situation. We're transparent and don't just tell our clients what they want to hear, unless it's what we believe, even if it may deter them from moving forward. We stand by our team's expertise and will always be upfront and honest with our clients. 

Get Started Today

Fill Out the Form Below or Call 858-371-5569 to Speak with an Experienced Attorney
  • Please enter your first name.
  • Please enter your last name.
  • Please enter your phone number.
    This isn't a valid phone number.
  • Please enter your email address.
    This isn't a valid email address.
  • Please make a selection.
  • Please enter a message.