One of the most contentious issues that can arise in any divorce case involves spousal support. Not only is the decision to award support or not within the discretion of the court, but the amount and the duration of the support is also a part of the decision. In California, courts tend to lean against awarding permanent support in most cases, and in Tennessee, the state supreme court there has recently ruled that permanent support awards are not appropriate when the receiving spouse is generally in good financial health.
The decision was met with much surprise there as permanent spousal support awards were not all that unusual, but the recent decision will now bring many of these support issues before courts in the state into question. The case dealt with a divorce where the wife was set to receive $15,000 per year in spousal support despite the fact that she had received a large portion of the assets in the property division aspect of the case and was making $72,000 per year at her job.
The Supreme Court of Tennessee ruled that the intent of the law in the state – much like that in California – regarding spousal support is to ease the transition of the spouse who was not generating the majority of the income in the marriage into his or her new life and lifestyle. These support orders are not meant to absolutely maintain that lifestyle of the receiving spouse.
San Diego Divorce Lawyers
While a decision regarding spousal support in Tennessee will generally not have an effect on how these issues are decided in California, this decision represents an ongoing shift in some jurisdictions whereby the courts will now take a closer look at the actual details of a marital estate and the status of the spouses before rendering a final decision.
If you are facing the prospect of ending your marriage and you’re concerned about the possibility of paying spousal support, you need to seek the help of San Diego divorce lawyers who have been fighting for the rights of husbands and fathers for many years. Contact the Men’s Legal Center today to schedule an initial consultation.