Spousal Support

In a divorce, there is always potential for one spouse to get the short end of the stick. For example, if one spouse gives up his or her career to raise the children, the breadwinner has the upper hand financially after the marriage has ended. To combat this, the court may order spousal support, or alimony. Spousal support is awarded to the spouse who has little to no earning power while he or she returns to school or looks for employment.

Spousal support is not mandatory in most cases, but can be ordered by the judge if certain circumstances exist. If a spouse will face financial difficulties as the result of the divorce, spousal support may be considered. The judge will typically look at the couple’s customary standard of living to determine if support will be ordered.

In determining the spousal support amount, the court will look at factors such as: the age, financial, emotional, or physical condition of the recipient, the length of the marriage, standard of living during the marriage, length of time the recipient needs to get back on his or her feet, and the ability of the spouse proving the support to support the recipient as well as himself or herself.

In certain cases, spousal support is not considered. For example, if the couple was married for a brief time, or both spouses have full-time jobs and can support themselves, support will not be ordered. Though support is not considered in these cases, both parties can still agree on spousal support.

There is no “one-size-fits-all” approach to determining a timeframe for support. Spousal support can be ordered for an indefinite period, until the recipient remarries, or be terminated on specific date. In some cases, even after the providing spouse is deceased, the recipient may ask for support from the spouse’s estate or life insurance proceeds.

It is important to note that child support payments take precedence over spousal support. While there are guidelines the court must follow in a child support case, there are no set guidelines for spousal support.

If you are going through a divorce, it may in your best interest to contact an attorney regarding spousal support. A skilled attorney will work closely with you during the divorce proceedings to ensure your receive a fair settlement.