Spousal maintenance, also known as ‘spousal support’ or ‘alimony,’ is given after separation or divorce. Here, one spouse is required to give financial support to the other.
Typically, one party pays this when the other party cannot financially support themselves. Spousal maintenance guarantees that neither party suffers undue financial hardship due to the dissolution of a marriage or civil partnership.
Spousal maintenance is not automatically granted. Several factors, including both parties’ demands and finances, the length of the marriage or civil partnership, and each party’s age, health, earning ability, and level of life, usually decide it.
The court’s primary concern is that neither party suffers undue financial hardship, mainly if one side is financially dependent on the other during the relationship.
If you are struggling financially and feel your partner should be paying you spousal support, you should present a case in court with your spousal support lawyers, and you will be granted the license you are looking for.
Who can receive spousal support?
Spousal support is not automatically granted. Several factors, including the demands and finances of both parties, the length of the marriage or civil partnership, and each party’s age, health, earning ability, and level of life, usually decide it.
The court’s primary concern is that neither party suffers undue financial hardship, mainly if one side was financially dependent on the other during the relationship.
Ways to pay spousal support
There are many ways you can pay for spousal maintenance:
One way is using capitalized spousal maintenance which is a one-time lump sum payment made instead of regular maintenance payments. This method offers quick financial assistance without requiring regular monthly payments.
You can also use ongoing spousal support. These are recurring payments, usually made monthly for a period of time or until particular criteria are met, such as your partner remarries.
How long does spousal support last?
You can make spousal maintenance payments for various lengths of time. The court can decide that you pay the amount of support for a specified duration, known as ‘term orders,’ or it could be due for the recipient’s life, known as ‘joint life orders.’
The length of a spousal maintenance term can be influenced by several circumstances, including the parties’ ages, the length of the marriage, and the recipient’s financial demands.
You should note that the spousal maintenance payments usually end when the recipient remarries, so if you want to stop paying for the alimony, you should encourage your partner to remarry.
Do you still have to pay spousal support if your ex is working?
The recipient’s ability to work does not eliminate the necessity for spousal maintenance. As mentioned above, payments are based on various variables, including salary disparities, financial requirements, and previous agreements or court decisions.
While this is the case, if the recipient’s financial status improves sufficiently, the maintenance payments may be reconsidered.
It is always critical to address such issues with legal counsel to ensure that any changes adhere to legal standards and do not inadvertently violate existing agreements or orders.
Can you just stop paying spousal support?
Yes, in some circumstances. You can stop making the payments if your partner remarries, your financial circumstances change considerably, or you meet the criteria of the maintenance order.
If you believe there is a legitimate reason to cease payments, you must obtain legal assistance to verify this so you do not violate any court orders.
You should consult a professional who will help you delve deeper into the complexities of terminating relationships and their financial ramifications.
One of the reasons people stop paying spousal support is due to loss of employment. When you lose your job, you have financial hardship and can no longer make the payments.
When you find yourself in such a situation, you should get in touch with your ex-partner and reach an agreement in such instances.
If you cannot agree, you may petition the court to modify or suspend the maintenance order.
To avoid any disagreements, make sure to document any modifications formally. Are you facing difficulties in this area? Consider contacting experts to help navigate these treacherous seas.
Can you ask for spousal support as a man?
Most people are used to only women receiving spousal support, but it’s not exclusive to them. Yes, in the perspective of the law, regardless of gender, both spouses have an equal right to seek spousal support.
The court considers several factors to make the decision:
Financial Disparity: If the husband earns much less or has fewer assets than his wife, he may be entitled to support.
Needs and Responsibilities: The decision may be influenced if the husband has been the primary caregiver for the children or is unable to support himself owing to health concerns.
Equality: This principle ensures that both partners maintain an acceptable standard of life following a divorce or separation.
Can you hide income to avoid paying spousal support?
Some people may try to conceal their income to lower their maintenance payments. This is wrong. In fact, the court condemns such actions, and you should refrain from them. If the court identifies that you have hidden your income, they might rule the case against you.
The court compels both parties to provide full and honest financial disclosures, and you should.
If the court identifies that you are hiding assets or income, you may face harsh penalties such as fines or imprisonment.
Forensic accountants can be used to track down and uncover hidden assets or revenue streams in complex financial situations.
To avoid all this, you should declare the full income and assets.
Parting shot
These are some of the things you should know about spousal support. As mentioned, both men and women can be given spousal support, so if you are a low-earning partner, go ahead and work with your divorce lawyers Fairfax VA and file a case seeking help.
As much as you can sometimes get away with it, you should avoid hiding assets because you stand to lose more if found out.