How to use Spousal-support in a sentence
How much, if any, alimony or spousal support will be paid?
In certain cases child support and even spousal support can be ordered by the court.
The basis for spousal support relies on many different variables, making it impossible to create one specific calculation.
This means that the spousal support may not be as high depending on the payer's income.
The purpose of spousal support is to help the spouse with lower income to continue living a lifestyle comparable to the one he or she had before the divorce.Advertisement
Another thing to consider when calculating spousal support is that it usually doesn't last for more than a few years.
In the alimony section of the divorce settlement, you may find it beneficial to state when spousal support will end.
Many factors are taken into account when a judge is asked to make a ruling about whether spousal support should be paid, and what the rate of alimony payments should be.
Therefore, the requesting spouse must have less earning capacity than his/her spouse for consideration for spousal support.
The amount of property one spouse has over the other will factor into whether he/she will have to pay spousal support.Advertisement
The longer two people are married, the higher the likelihood the Court will award spousal support.
Therefore, if one spouse is not able to keep up that standard of living, the other spouse may have to pay spousal support.
If one spouse receives a tax benefit from property acquired during the marriage, this could factor into spousal support.
After looking at this criteria, you may feel that you are in a good position to receive spousal support.
Being prepared to show the Court that you meet the criteria for spousal support and proving that you are in financial need may greatly improve your chances.Advertisement
Men can and do collect spousal support if their situation warrants it.
When one spouse is seeking alimony payments from the other, the question of whether spousal support should be paid and how much is decided by a judge.
Each state has its own guidelines for awarding alimony, and the judge may not give each factor equal weight when making a ruling about spousal support.
If one spouse's ability to make a living is affected by his or her parenting responsibilities, then the judge may order a higher amount of spousal support until the children are in school full-time or their needs change.
A judge may decide to consider any other economic factors that he or she considers relevant when making a decision about whether to award alimony, and how much spousal support should be paid.Advertisement
Even so, dating throughout a divorce may have a direct or indirect effect on divorce settlement issues such as child custody and visitation, as well as spousal support.
The question, "How much spousal support do I have to pay?" is a common one among people who are getting a divorce.
Not all divorces include an order for spousal support.
In some cases, the couple is able to negotiate a certain amount for spousal support themselves.
In cases where spousal support is ordered, the idea is to provide financial assistance to a person who is unable to support him or herself.Advertisement
In the case of a long-term marriage where one person (usually the wife) stayed at home to raise the children, a judge may order that spousal support be paid.
The amount of spousal support payable depends on the needs of the dependent spouse and the financial means of the payor.
Where the proposed recipient is the primary caregiver for young children (under the age of 2), her or she may be awarded spousal support until the children are old enough to go to school or other child care arrangements can be made.
In a situation where the spouse is unable to work because of a mental or physical challenge, spousal support may be ordered.
Another situation where spousal support may be ordered is where the recipient needs some time to complete a job training course so that he or she can become employable.Advertisement
Unless the marriage was a long-term one where one spouse didn't work outside the home, it's unlikely that a judge would award spousal support for life.
Permanent spousal support is a rare occurrence.
It's much more likely that any order for spousal support will be made for a limited time.
There is some flexibility in the amount of spousal support that will be paid.
Another option that someone wondering, "How much spousal support do I have to pay?" may want to consider is offering to make a lump sum payment instead of paying monthly spousal support.Advertisement
The question, "How much spousal support will I receive?" doesn't have a single answer.
Even in cases where spousal support is ordered, it may only be for a limited time to allow the recipient to become self-supporting.
The court may require proof that the proposed recipient has applied for a specific program and information about how much it costs before making an order for spousal support.
In some cases, the judge will also consider each person's conduct when deciding whether to award spousal support and what amount should be paid.
In most cases where spousal support is ordered, it is a situation where one spouse has been economically dependent on the other in a long-term marriage.Advertisement
In that state, a judge will likely order that spousal support will be paid for a length of time equal to half the length of the marriage.
In a situation where there is a large discrepancy between the earning capacity of the two spouses, they may wish to work out an arrangement where one person will pay spousal support to the other and ask a judge to approve the arrangement.
Unlike child support, which is not deductible by the person making the payments nor considered income to the custodial parent, spousal support payments can be deducted by the person making the payments.
The person with the larger income may find that it's to their advantage to offer spousal support.
The answer to the question, "How much spousal support will I receive?" is not an easy one to answer.Advertisement
A decision about whether to award spousal support and what amount should be paid is made by a judge.
Although the laws pertaining to spousal support can be different depending on what state the separation or divorce takes place in, most states have similar guidelines.
There must be an actual separation or divorce initiated before spousal support can be ordered.
Spousal support is not dependent upon there being children in the family, as spousal support is solely designed to financially assist the member of the dissolving marriage who may not have the same earning power as the other member.
In fact, the instances of spousal support being ordered as a result of divorce have declined over the years, presumably because it has become more common for both men and women to be actively involved in the work force.Advertisement
There must be a financial reason for the spousal support.
In most instances there is a time restriction placed on the paying of spousal support and if the receiver's income or standard of living changes this might change the amount of spousal support received, if any.
The length of the marriage usually influences the awarding of spousal support.
Additional spousal support guidelines may exist in specific counties and with military divorces.
The amount of money a person is ordered to pay for spousal support depends on many factors.
Many states have guidelines that dictate how spousal support amounts should be decided.
For example, it is unlikely that a husband will be ordered to provide full spousal support to a wife who already earns a suitable amount of money to maintain her lifestyle.
Depending on the guidelines of the state, spousal support amounts might increase or decrease based on the ability of the partner to pay and the self-sufficiency of the other partner when it comes to earning money.
Obtain the counsel of a competent divorce attorney who has experience in dealing with spousal support petitions.
Show a need for spousal support by demonstrating a lack of ability to earn money, either from an extended absence from the work force or a disability.
None of these steps guarantee that spousal support will be awarded, or that support will be awarded for a specific amount of time.
Since guidelines for spousal support can vary greatly, becoming familiar with any state guidelines will be an important step in figuring out if spousal support is warranted.
Fortunately, paying and receiving spousal support is far less complicated than it seems at first.
If you and your spouse are considering divorce and alimony, the sections below may help you both decide if spousal support is right for you.
To understand how spousal support is treated for income tax purposes in the hands of the person making the payments and the recipient, start with an alimony definition.
Alimony is also known as spousal support or maintenance.
The decision about whether and how much spousal support to award is determined by a judge.
Before a judge can make a ruling about whether to award spousal support and how much to award to the recipient, he or she is required to consider 14 factors.
A judge can also make a change to an existing spousal support order if the paying spouse's financial circumstances change significantly.
Another circumstance where spousal support may be terminated is where the recipient does not make a good faith effort to become self-supporting within a reasonable length of time.
California has also passed laws addressing when an order for spousal support may be terminated.
In the case of a marriage of "long duration," spousal support may be paid indefinitely unless an order for termination is obtained or the spouses agree in writing to do so.
California alimony laws are written so that judges have a specific set of criteria to consider when determining whether to award spousal support and how much should be paid.
Is this really about legal bills or is this a thinly veiled attempt to squeeze every last dime out of Brit before the $20,000 per month in spousal support comes to an end next week?
Anyway, Kelis and soon to be ex-husband Nas were engaged in a super-bitter divorce battle in which Kelis requested a boatload of money for child and spousal support.
I am a divorced mother of two, receiving no spousal support or child support.