What Is Spousal Support?

Spousal support, also referred to as alimony or maintenance depending on the location, is determined when a couple enters into a divorce. If one spouse is deemed a dependent, the other spouse is obligated to provide financial support for them. A spouse is considered a dependent if they are unable to provide for themselves financially or retain the standard of living they had while married.

It is often the laws of the state itself that will establish the spousal support system. Factoring in variant details, there is typically a time limit on the support given, as well as a set amount to be paid. Payments may be distributed on a monthly basis, or are sometimes given in a lump sum. Depending on what the court orders, spousal support may be paid before divorce, after divorce, or both. There are varying factors that are necessary to determine the length of time and amount of spousal support awarded such as:

  • The spouse's capability of working or education
  • How long a spouse will need assistance
  • The cost of living and the standard of living of the couple when married
  • The length of the marriage
  • The condition of the spouse both mentally and physically

Spousal support was originally made to ensure that a wife was taken care of by her ex-husband in the of a divorce. In today's culture, many more women are working and the number of husbands staying at home is on the rise. With these changes, the amount of men being awarded alimony is growing. Spousal support is an endeavor to protect the lower-wage or non-wage earning spouse, who may have been a stay at home parent, in the event that they no longer have a source of financial income. If a settlement agreement cannot be made by the couple themselves, lawyers of even the court system may be brought in to mediate.

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