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.