Guidelines for Spousal Support

What is spousal support?

Also known as alimony, spousal support refers to payments or transfers of money or assets between spouses after a divorce.

What can spousal support do for me?

Is spousal support necessary in every divorce?

What are the requirements for obtaining spousal support?

• First and foremost, you must be getting a divorce or legally separating in order to be considered eligible for spousal support.
• Additional requirements for spousal support are dependent upon want and need.

Will I be required to pay spousal support forever?

• Not always. Two types of spousal support exist: “temporary maintenance” and “permanent maintenance”
• Temporary maintenance, also known as temporary alimony or alimony pendent lite, is normally awarded during divorces that are not yet finalized.
• Permanent spousal support is rarely awarded, only in the circumstances that the ex-spouse has no realistic chances of employment and that the marriage has been over a certain (usually lengthy) period of time.
• Permanent spousal support may cease in the case of a remarriage on behalf of the receiving spouse

What is rehabilitative alimony?

• Rehabilitative spousal support is a form of spousal support that is only provided for a short period of time (normally a 1-3 years).
• Allows the spouse to readjust financially.
• What if my ex spouse departs? Will I still receive spousal support?
• In the occurrence of death on behalf of the paying spouse, spousal support will still be awarded if it is guaranteed through a life insurance policy.

How can I reassure that my ex-spouse has purchased a life insurance policy to guarantee my alimony?

• The receiving spouse may ask for periodic evidence that the policy is being maintained.
• The receiving spouse may also inquire about a revision in the policy stating that the insurance company will notify you in the circumstance that your ex-spouse stops making the insurance payments.

What is a lump sum settlement?

• A lump sum is a large, fixed payment comprising of all of the alimony.
• Lump sum alimony is often provided instead of a property settlement when there is little or no property to divide.

Which factors limit spousal support?

• Standard of living maintained during the marriage
• Occupations of the ex-spouses during the marriage
• Need of the recipient
• Ability to pay of the payer
• Recipient’s earning potential and assets
• Recipient’s ability to acquire education and training
• Age of the ex-spouses
• Health of the ex-spouses

How does the duration of the marriage affect the determination of spousal support?

• If the length of the marriage was short, the judge is unlikely to award spousal support unless there are children in the marriage.
• Judges are also unlikely to award spousal support for a longer term than the marriage itself.

What should I do if my ex-spouse reuses to pay spousal support?

• Failure to comply with this lawful order of the court can be punished by contempt.
• Your ex-spouse is chancing fines or imprisonment for failure to obey the support award.
• If your ex-spouse is not paying your spousal support award or is paying late on a continuous basis, it is recommended that you contact a lawyer to address this matter.