Spousal Support or alimony has changed in its purpose and frequency in this era of two wage earner families. There are basic spousal support guidelines that are constant, regardless of the differences that occur from state to state.
How does a Court Determine who gets Spousal Support?
There are several factors that the court considers when ordering spousal support or alimony.
- Income and property of each party – if one spouse has more income or property than the other the court is more likely to order support for the spouse with less income.
- Earning capacity of both parties – the court will look at the current and future earning capacity of each party. Rehabilitative support may be awarded to a spouse who needs to go back to school or update skills to become self-supporting.
- The age and health of the parties – as people age it is often harder to become employed. In circumstances where one spouse did not work during the marriage and the marriage lasted a significant length of time, permanent support may be awarded. It is also awarded when one spouse has physical or mental condition that prohibits them from working
- Children in the home— spousal support can be awarded in instances where there are young children in the home and the custodial spouse did not work outside the home during the marriage. Support will continue until the children reach school age and in some instances afterwards allowing the spouse to work part-time.
- Duration of the Marriage – the longer the marriage the more likely spousal support will be awarded especially in cases where one spouse has a higher earning capacity than the other.
- Contribution of one spouse to the other’s career or education – this can be used as a factor to seek spousal support where one spouse supported the other while the other was in school.
- Fault – can be used to block support in instances where the requesting spouse was at fault in the marriage. Fault is still a consideration for support in more than half of the states.
The days of only men paying spousal support have changed. In two wage earner couples it is possible that the wife for the wife to pay spousal support or alimony if she is the larger wage earner. The types of support that can be awarded are temporary, rehabilitative, permanent, lump sum, and reimbursement spousal support.
Do You Need a Lawyer?
Spousal support is one of the more complicated aspects of the dissolution of a marriage. Experienced legal counsel in this area is wise.
