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Spousal Support

Spousal support, also known as alimony, is the monetary payment from one spouse to a dependent spouse.  Spousal support can be awarded to either a husband or wife after divorce and it helps the dependent spouse maintain the standard of living that was set during the marriage. 

 

Types of Spousal Support

The types of spousal support are permanent support, lump sum support, rehabilitative support, and temporary support.  The types of spousal support and conditions vary by state. 

 

  • Permanent support is paid on a weekly or monthly basis until the death or remarriage of the dependent spouse.  In some states, support can be terminated when the dependent spouse cohabitates with another person.
  • Lump sum support is one payment instead of periodic payments.  Lump sum support is considered taxable.
  •   Rehabilitative support is very common.  Rehabilitative support is usually awarded when the dependent spouse is younger, or if the dependent spouse is able to gain future employment.  This type of spousal support allows the dependent spouse to finish their education so that they can eventually become self-supporting.
  • Temporary support lasts for a specified period of time.  Usually, temporary support is paid for no more than two years, which allows the dependent spouse enough time to become financially secure.

Spousal Support Factors    

Before the court will award spousal support, it will consider:

 

  • The length of the marriage.
  • The age and health of both spouses.
  • The earned income capacity of both spouses.
  • The contribution of each spouse as a homemaker during the marriage.
  • The custody situation (if children are involved).
  • The vocational skills of each spouse.
  • Other forms of known income.   

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