If you and your spouse decide to divorce, one of the most common concerns is regarding the future money, especially if your spouse had been financially dependent on you during the marriage.
The truth is that when you marry, you commit to one another both financially and emotionally. And the law of divorce is based on your future needs.
It is widely understood that if one spouse earns significantly more than the other, there may be a period of continued financial support required to avoid undue hardship or jeopardize the well-being of any children.
How long do you continue supporting your partner?
Spousal maintenance will continue for as long as you both feel it is necessary or until a judge orders otherwise.
You can stop spousal maintenance if the recipient marries again or forms a civil partnership. It also ends if one party passes away.
You should continue paying spousal maintenance until the spouse can support themselves or their financial demands are lessened, such as when the children graduate from high school or university or move out.
To ensure that you don’t continue paying spousal support for too much longer than you should, you should discuss it with divorce lawyers and ask them to help you put together the agreement.
Are the payments fixed?
No, they are not fixed nor guaranteed. A change in circumstances can cause the court to vary or dismiss the spousal maintenance order.
For example, if your spouse moves in with a new partner, receives a lump amount that allows them to support themselves, or you (the person paying) lose your job or become unwell.
If you need to make changes in payment, you have to agree with your partner or go to court and let the court make the relevant changes.
You should note if your partner has a consent order in place and you refuse to pay, they can have it enforced by the courts.
When can the court order you to pay spousal support?
Spousal maintenance is justified when one of the parties lacks sufficient assets or income to meet their basic necessities.
For example, if your former spouse earns less than you or is unable to become self-sufficient right away because they did not work for most or all of the marriage.
“Needs” can be broadly construed, taking into account a variety of elements, like as the assets available for distribution and the level of life established throughout the marriage.
It is also worth noting that the court’s top goal is to ensure the well-being of children.
This means that if your partner will be having custody of the children, you might be required to make the payments to ensure that the children are comfortable.
How do you alive on the spousal support amount?
There is no set formula for calculating spousal support, unlike child maintenance. Usually, the amount to be paid is established by the couple or the court after taking into account the circumstances.
The court will determine both the sum to be paid and the duration of time. The amount to be paid is mostly determined by both of your feasible future budgets.
What goes into the budget?
A monthly budget will include the cost of housing, utility bills, council tax, school charges, clothes, holidays, presents, debt repayments, subscriptions, and other expenses. Annual expenses (for example, a vacation) are often split by 12 and spread out over each month.
Every family’s budget is unique, and what is appropriate for one person’s demands may range significantly from what is reasonable for another.
You should note that you don’t have to pay for everything. You should discuss with your partner the bills that you will be responsible for and those you won’t be responsible for.
Can you change the amount you are paying on spousal support?
Yes, either of you can seek the court to reduce or enhance spousal maintenance, but only if your partner’s circumstances have changed.
For example, if your income has decreased while the recipient’s financial needs have changed, or their income has increased, requiring less maintenance than previously.
At any time, either of you can apply to the court to have the maintenance capitalized. This indicates that you pay in one single sum rather than on a regular basis.
This is frequently common when you get a big sum of money, such as an inheritance, windfall, or the sale of a business.
You should note that either of you have an obligation to notify the other of any significant change in your financial circumstances, and you should provide as much notice as possible.
Can you just stop paying spousal support?
Even when your financial situation gets worse, you shouldn’t just stop making the payments. As previously stated, spousal support will be automatically ended if the receiver marries again or if either party dies.
Once spousal maintenance has been established, you cannot stop making payments until the agreed-upon period of maintenance payments has passed.
If your financial circumstances have changed, mediate with the other party. If you are unable to agree, you can go to court to reduce the support amount or to have the spousal maintenance discontinued if your former spouse’s financial situation has improved.
As much as you can go to court and have the situation changed, there is no certainty, and the court must agree with you. To terminate spousal support, the court will evaluate whether the receiver can make do without it while avoiding undue hardship.
Do you continue to make the payments even when your partner has a job?
If your partner, the receiver of spousal maintenance, has a job, whether or not you should continue to pay it is determined by the circumstances.
If the recipient has found a job that meets their needs, you can discontinue spousal maintenance. Another option is to seek to the court to decrease or cancel the maintenance, which will evaluate if the receiving party can adjust without undue hardship.
If you decide to go the court route, you should arm yourself with experienced family lawyers Fairfax VA who will help convince the judge that you should stop making the payments.
