Spousal Support
Spousal support is reoccurring monetary payments made from one spouse to another. Many refer to it as ‘alimony.’
The goal of spousal support is to ensure both spouses maintain the standard of living to which the family had become accustomed during the marriage. However, splitting two household into one often has financial consequences, and both spouses are expected to make genuine efforts to support themselves. Thus, the amount of spousal support will vary from case to case depending on the specific financial circumstances of each party, each party’s ability and opportunity to work, the length of the marriage, and the amount of money the parties made during their marriage.
At Core Family Law, our attorneys utilize their experience and skills to help clients negotiate a proper amount of support or, when necessary, litigate the amount in court.
How is Spousal Support Calculated?
Like child support, spousal support can be calculated using a mathematical formula as a base line. The formula considers each party’s income, tax filing status, tax deductions, and a series of other income deductions. One formula is used for temporary order (orders put in place while a divorce case is pending). A different formula is used for final order that is put in place at the end of a divorce. Generally, the formula for temporary support results in a higher amount than the formula for final support.
For temporary support, the Court is required to look at the formula. Once the Court has the formula calculation, the Court has the ability to increase or decrease spousal support based on circumstances of the Parties marriage and separation.
For permanent spousal support, the Court can reference the formula, but is required to rely primarily on the circumstances of the Parties marriage and separation. Those circumstances include the amount of money the parties made during their marriage, the length of the marriage, whether both parties worked during the marriage, whether one party contributed to the other’s education, the age and health of the parties, each party’s marketable skills and opportunity to earn income, whether each party is making good faith efforts to support themselves, the needs of dependent children, tax consequences, whether one one party committed domestic violence against the other, and each party’s income, assets, and expenses.
How Long Does Spousal Support Last?
In marriages that lasted less than 10 years, the law expects the spouse receiving support to become self-supporting within half the length of the marriage. Once half the length of the marriage has passed, the Court can stop requiring one spouse to pay support. However, if one spouse faces extraordinary hardship without support, the Court can continue spousal support to alleviate that hardship.
In marriages of more than 10 years, the law assumes one spouse will support the other until the supported spouse remarries or until one of the spouse dies. However, where the supported spouse refuses to make good faith efforts to support themselves, the Court can reduce or eliminate spousal support.
Modifying Spousal Support Orders
All spousal support orders can be modified. The question is whether the spouse has the right evidence to support the modification. Support orders can be changed if one party can prove a significant change in one of the factors the Court considered when it made the support order.
Contact Core Family Law About Your Spousal Support Case
In Court, ‘it doesn’t matter what you believe, it matters what you can prove!’ Core Family Law will work with you to identify and collect the evidence necessary for your spousal support order. Please keep in mind that this page is not legal advice for you or your case. Contact Core Family Law to speak with an attorney and schedule an in-person consultation.
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