Thursday, October 5, 2023

Navigating Spousal Support After Divorce

 Navigating Spousal Support After Divorce

Going through a divorce is difficult enough without having to deal with complex financial matters like spousal support. If you're facing decisions about alimony or maintenance payments, you probably have a lot of questions. In this blog post, I'll provide an overview of key issues related to spousal support to help you understand your options.

What is Spousal Support?

Spousal support refers to payments made by one ex-spouse to the other after a divorce for financial assistance. It's also commonly called alimony or maintenance. The purpose is to help support an ex-spouse who is unable to be self-supporting after a divorce.

Support can be awarded for different lengths of time depending on the situation. It may be short-term to help with the transition or possibly permanent in long-term marriages where it's unlikely a spouse will ever become fully self-sufficient.

Factors Used to Determine Support

So how does the court calculate appropriate spousal support? Some key factors considered include:

  • Income and earning ability of each spouse
  • Length of the marriage
  • Ages and health issues
  • Standard of living while married
  • Existing child custody arrangements
  • Educational history and employment skills

The goal is to arrive at a reasonable support amount and duration that provides financial help for the ex-spouse in need while promoting their independence.

Being the Supported Spouse

If the court names you the supported spouse entitled to receive alimony, you'll need to follow the payment terms laid out in the court order. The money is meant to supplement your other income sources or cover needs you can't afford.

You may have to show efforts to gain skills and become self-supporting within a reasonable time period. Financial contributions are expected from both the paying ex-spouse and the supported ex-spouse.

The Spousal Support Order

The divorce judgment will contain a detailed spousal support order outlining:

  • The payment amount and schedule
  • Duration of payments
  • Conditions that can modify or terminate the obligation
  • Tax considerations
  • Consequences for non-payment

Following the order ensures everyone understands the expectations.

Special Considerations for Abuse Victims

If domestic violence occurs during the marriage, the court can factor that into support decisions. Abuse may impair the victim's ability to earn income for a period of time. Additional or modified support can help protect abuse survivors as they regain their independence post-divorce.

Navigating spousal support waters can be tricky, but knowledge and preparation are key. Understand your options and rights as early as possible.

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