Financial stability after divorce is a primary concern for a majority of clients, especially for those who had previously been dependent on their spouse. Spousal support is routinely awarded to the spouse who was not the primary wage earner, although this is not always the case. In addition to the day-to-day financial implications of spousal support, tax issues may also exist. In each situation, effective, experienced legal counsel is critical.
How are Amounts Determined?
A wide range of factors contribute to helping the court determine the specific amount of spousal support. While no set formula exists, factors such as the length of the marriage, a client’s degree of financial independence, their earning capacity, and age all play roles, as due several others. In arguing for spousal support, your attorney needs to tell a compelling story that includes key details of your current situation while considering your long-term goals.
The higher wage earner typically pays the spousal support. The court attempts to maintain as much financial balance as possible without causing either party to fall into hardship. Factors that play a role include:
- Current wages, earnings or capacity to earn
- Marriage length
- Standard of living
- Child care and custody responsibilities
- Age and health
- Contributions to other qualified assets or activities.
Termination
Post separation spousal support terminates automatically when either of the following occurs:
- The dependent spouse remarries, dies, co-habitates
- The supporting spouse dies
- All required and specified payments have been made.
Modification Actions
In certain situations where there is a material and compelling change in the financial picture of either party, the court can be petitioned to review and/or change the amount spousal support. See additional information on support modification here.