Represent Your Claim with an Alimony Attorney
Spousal support, also known as alimony, is an amount that one spouse is ordered to pay another spouse in a divorce or separation. The law requires spouses to support one another, but the intention is that both spouses become self-supporting within a reasonable period of time.
Spousal support is to be maintained only as long as necessary. There are two types of spousal support: pendente lite (temporary), which is ordered during the divorce process and which is intended to maintain both parties' marital standard of living to the extent possible. The other type of spousal support is ordered at the time of trial or settlement and is intended to help the supported spouse bridge the gap financially until that spouse can become self-supporting. The duration and amount of support are determined by a number of factors.
Factors Courts Consider
There is no precise guideline or formula for calculating spousal support like there is with child support. The court looks at a variety of factors, including:
- The length of the marriage
- The age and health of the respective spouses
- The earning capacity of each spouse
- The needs of each person
Sometimes, the needs of the children may prevent the parent with primary custody from working. Also, one spouse may have paid for the education of the other spouse, or may have stayed home to raise the children and is therefore not readily employable in the workforce.
All of these factors are taken into consideration by the court in determining whether to order spousal support, and, if so, how much to order and for how long. A spousal support order may have a definite ending date, or it may be terminated upon the death or remarriage of the spouse receiving support.
Spousal support can be a complex legal issue, and often includes tax implications for the payor and receiver. If you are concerned whether spousal support may be ordered in your case, how much it could be, how long it may last, and how it would affect your taxes, contact an experienced alimony attorney at Rombro & Associates.
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