Alimony is intended to compensate the spouse receiving money for their contributions to the marriage. It aids in maintaining the spouse’s standard of life at the level to which they got used while married.
Spousal support, when available, also assists the spouse in becoming financially independent.
A court order or a divorce settlement governs the payment of spousal support. This means that if you want to be paid spousal support, you should work with your spousal support lawyers and get it.
The same thing applies to if you are the paying spouse. It’s wise that you work with an experienced attorney to protect you and guide you on how to go about the process.
Conditions for spousal support
Spousal support is not mandatory and is not always awarded. A court will issue spousal support when certain circumstances occur, such as:
- When your partner cannot find work or live alone as they are handicapped or have a health issue.
- Your earning capacity, income, and financial commitments differ greatly from your partner’s
- You paid for your spouse’s professional education, significantly contributed to their study or employment, and so on.
- The partner took time off from work to look after the children.
How do you calculate spousal support?
Spousal support, unlike child support, is not subject to severe financial restrictions in most states. The amount of alimony is solely at the discretion of the court.
Some of the factors used in calculating spousal support include:
- The former spouse’s age, physical condition, mental state, and financial situation
- Time required for the recipient to complete their education or training to become self-sufficient standard of living of the pair during their marriage
- The ability of the paying spouse to support the receiving spouse while staying self-sufficient.
Types of spousal support
To many people, there is only one type of spousal support where one partner pays and the other receives. Well, there is nothing as further from the truth as this.
This is because there are many types of spousal support that you should know about. They include:
Temporary spousal support
Temporary spousal support is granted before the divorce is finalized in court. This support assists a spouse with a lower income in getting by while the divorce process is going on.
Another rationale for temporary spousal support is to allow the spouse with the lower income to maintain their level of life while the couple is separated and divorcing.
If there was no formal agreement between you and your partner before the separation, a temporary court order usually grants temporary spousal support.
Rehabilitation and Short-Term Assistance
Rehabilitative spousal support is granted for a limited time. The goal is to give the spouse a lower income and an opportunity to advance.
This enables the spouse with a lower income to obtain job training, an education, or valuable work experience, allowing them to become more self-sufficient. This spousal support is paid until the spouse receiving it returns to work.
The agreement is that payments will stop once the receiving spouse finds work; however, no exact date is usually set in advance.
If the paying spouse believes the receiving spouse is not finishing their education or seeking work, the paying spouse may petition the court for a termination date or a reduction in the support amount.
Long-term or Permanent support
Permanent support may be granted after you have had a long marriage. Usually over ten years. The receiving spouse will typically require indefinite support and is unlikely to return to work.
Understanding whether your state provides permanent support is critical because others do not. When the paying or receiving spouse dies, the continued spousal support becomes permanent or long-term.
In almost half of the states, permanent spousal support may be terminated if the beneficiary begins cohabiting with someone else or a relationship that resembles marriage.
Reimbursement support
The goal of reimbursement support is to compensate the receiving spouse for choosing to labor to maintain the family rather than advancing their education, training, or career while the paying spouse pursues a profitable professional job.
Spousal support not based on financial need is known as reimbursement support. Both partners in a marriage believe that after the supportive spouse has established themselves and has a larger salary, the other will be able to pursue their dreams.
If the marriage breaks before the receiver spouse can pay spousal support, the paying spouse must reimburse some of what was given to the marriage.
Spousal support duration
The duration of spousal support depends on the conditions of the marriage. The timeline is usually specified in the court’s support order. Once the allotted time has gone, the support payments will cease.
Spousal support may be terminated early in some instances, such as:
- The recipient’s spouse lives with another individual.
- The income levels of the receiving spouse have altered, allowing them to become more self-sufficient.
- The paying party will incur hardship as a result of the payments due to the changed circumstances, such as loss of a job and so on.
Can you modify spousal support?
Yes, you can modify spousal support based on your circumstances. To achieve this, the paying or receiving spouse must file a request with the court outlining the proof of changed circumstances that warrant amending the court order.
Some situations that can warrant a change of spousal support include loss of employment for the paying spouse, an increase in income for the paying spouse, and a better financial status for the receiving spouse.
Do you need a lawyer when negotiating spousal support?
Divorce is usually trying for many people. In fact, many people are confused and don’t know what to do. If you must get or pay a reasonable amount to support your ex-spouse, especially if they had no job or spent a long time caring for your children, it’s good that you have someone supporting you through the journey.
For an easier time, contact experienced family lawyers Fairfax VA who will assist you in understanding your rights and navigating the difficult terrain ahead.
The attorneys will also help you negotiate the spousal support amounts and prevent you from paying more than you should.
