When a marriage ends, the spouses must divide their marital property and debts. If they cannot agree on how to do this, the court will order it. The division of assets is usually pretty straightforward. The division of debts can be more complicated because both spouses may be responsible for certain debts even after the divorce. The most difficult part of a divorce is often the determination of spousal support, also known as alimony.
If you are considering a divorce, you may be wondering about spousal support. What is it? How is it determined? Who pays it? And how long does it last? In this blog post, we will answer all of your questions about spousal support and provide some helpful resources.
What is Spousal Support?
Spousal support, also known as alimony, is a payment from one spouse to another after they get divorced. The purpose of spousal support is to help the less financially stable spouse maintain their standard of living after the divorce.
In some cases, spousal support may be ordered by the court; in others, the couple may come to an agreement on their own.
Spousal support is generally paid in monthly instalments, but can also be paid in a lump sum. The amount and duration of spousal support payments will vary depending on the couple’s individual circumstances.
What’s the Difference Between Alimony vs. Spousal Support?
Alimony and spousal support are often used interchangeably, but there is a difference. Alimony is payments made from one ex-spouse to another after a divorce. It is also called “maintenance” or “spousal support.” Spousal support, on the other hand, can be ordered by the court before a divorce is final.
So, if you are going through a divorce, you may be ordered to pay alimony, but if you were never married to your partner, you could be ordered to pay spousal support.
Who Pays Spousal Support?
In most cases, it is the husband who pays spousal support to the wife. However, there are some circumstances in which the wife may be ordered to pay spousal support to the husband.
The general rule is that the spouse who earns more money will be the one who pays spousal support.
How Long Does Spousal Support Last?
The length of time that spousal support payments will last will depend on the couple’s individual circumstances.
In some cases, spousal support may be ordered for a specific period of time, such as until the receiving spouse gets back on their feet financially. In other cases, spousal support may be ordered indefinitely.
How is Spousal Support or Alimony Determined?
In the United States, spousal support or alimony is not automatically awarded following a divorce. Instead, it is up to the individual requesting support to prove that they are eligible for such support.
There are many factors that will be considered when determining whether or not someone is eligible for spousal support, and how much they may receive. Some of these include:
- The length of the marriage
- The age and health of both spouses
- The earning capacity of both spouses
- The standard of living during the marriage
- The custodial arrangements for any children of the marriage
- The financial contributions of both spouses during the marriage
The Length of the Marriage:
The longer the marriage, the more likely it is that spousal support will be awarded. This is because it is assumed that the longer a couple was married, the more accustomed they are to living at a certain standard of living.
If the marriage was relatively short, however, it is less likely that spousal support will be ordered by the court.
The Age and Health of Both Parties:
The court will also take into consideration the age and health of both parties when making a decision about spousal support. If one party is significantly older or in poor health, they may be more likely to receive support.
On the other hand, if both parties are young and healthy, it is less likely that spousal support will be ordered.
The Earning Capacity of Both Parties:
The court will also look at the earning capacity of both parties when making a decision about spousal support. If one party is able to earn a good income and the other party is not, the court may order the higher-earning spouse to pay spousal support.
However, if both parties are able to earn a similar income, it is less likely that spousal support will be ordered.
The Financial Resources of Both Parties:
Another factor that the court will consider is the financial resources of both parties. This includes things like savings, investments, and property ownership. If one party has significantly more financial resources than the other, they may be ordered to pay spousal support.
The Standard of Living During the Marriage:
The court will also look at the standard of living that the parties enjoyed during the marriage. If one party is used to a luxurious lifestyle and the other is not, the court may order the higher-earning spouse to pay spousal support.
The Contribution of Each Party to the Marriage:
Another factor that will be considered is the contribution of each party to the marriage. This includes things like homemaking, childrearing, and career building. If one party made sacrifices in their career or personal life in order to support the other, they may be more likely to receive spousal support.
The Needs of Each Party:
Finally, the court will also consider the needs of each party when making a decision about spousal support. This includes things like housing, food, clothing, and transportation. If one party has significantly greater needs than the other, they may be more likely to receive spousal support.
In addition to the above factors, the court will also take into account any prenuptial agreements or postnuptial agreements that exist between the parties. These agreements can often times dictate whether or not spousal support will be awarded and, if so, how much.
The Purpose of Spousal Support: Spousal Support is not a Punishment
One common misconception about spousal support is that it is meant to be a punishment for the person who is ordered to pay it. This is not the case.
Spousal support is not meant to be a punishment for either party. Rather, it is meant to help the recipient maintain their standard of living and to help them transition into a single lifestyle.
It is also important to note that spousal support is not always permanent. In many cases, it will only be ordered for a specific period of time. Once that time period has expired, the obligation to pay spousal support will end.
What Happens if I Don’t Pay Spousal Support?
If you have been ordered to pay spousal support and you fail to make the payments, you could be held in contempt of court. This means that you could be fined or even jailed.
In addition, the court may order that your wages be garnished in order to collect the unpaid spousal support. This means that a portion of your paycheck will be withheld and used to pay the support that you owe.
If you are having difficulty making your spousal support payments, you should contact the court or an attorney as soon as possible. There may be options available to you, such as modifying the amount of support that you are required to pay.
Why Spousal Support?
Arguments in Support of Spousal Support:
There are several arguments in support of spousal support.
- First, it is important to remember that spousal support is not a punishment. It is simply meant to help the recipient maintain their standard of living and to help them transition into a single lifestyle.
- Second, spousal support can be very helpful for stay-at-home parents or homemakers. These individuals often do not have the skills or experience necessary to enter the workforce and earn a good income. As such, they may need financial assistance in order to maintain their standard of living.
- Third, spousal support can also be helpful for individuals who have sacrificed their own career or personal ambitions in order to support their spouse. For example, a stay-at-home parent who has given up their own career to raise children may need financial assistance in order to reenter the workforce.
- Fourth, spousal support can be helpful for individuals who have been married for a long time and are now facing the prospect of starting over financially. This is often the case for older individuals who have not worked outside the home for many years.
- Finally, spousal support can also be helpful for individuals who have special needs or medical expenses. These individuals may need extra financial assistance in order to maintain their standard of living.
Arguments Against Spousal Support:
There are also several arguments against spousal support.
- First, some people argue that spousal support is simply a way for the person who is ordered to pay it to avoid responsibility for their own financial situation.
- Second, some people argue that spousal support can be used as a tool to blackmail the person who is ordered to pay it. For example, an individual may threaten to divorce their spouse unless they are awarded a large sum of money in spousal support.
- Third, some people argue that spousal support can create a sense of dependency and entitlement. The recipient may come to believe that they are entitled to receive financial assistance from their spouse, even if they are capable of supporting themselves.
- Fourth, some people argue that spousal support can be unfair to the person who is ordered to pay it. For example, the person may have to pay a large sum of money even though they were not at fault for the divorce.
- Finally, some people argue that spousal support can be used as a way to avoid responsibility for one’s own financial situation. For example, an individual may choose to divorce their spouse in order to avoid paying spousal support.
Increases or Decreases in Alimony
How to Avoid or Evade Spousal Support Orders
If you’re facing a divorce, you may be wondering how to avoid paying spousal support. Unfortunately, there’s no guaranteed way to do this. However, there are some things you can do that may help you avoid paying spousal support, or at least make it easier to pay.
Get a Prenuptial Agreement
If you’re getting married, one of the best ways to protect yourself from having to pay spousal support is to get a prenuptial agreement. This document will outline what each spouse’s financial responsibilities are in the event of a divorce. It can also specify how much spousal support if any, will be paid.
Live Separately
If you live in separate households, it may be harder for your spouse to prove that they’re entitled to spousal support. This is because the court will look at factors like whether or not you were financially dependent on your spouse. If you can show that you were able to support yourself, it may be easier to avoid paying spousal support.
Prove That Your Spouse Was at Fault for the Divorce
If your divorce was caused by your spouse’s infidelity or other marital misconduct, you may be able to avoid paying spousal support. This is because the court may find that your spouse is not entitled to receive support if they caused the divorce. In some states, however, this isn’t a factor that the court will consider when determining spousal support.
Show That You Can’t Afford to Pay Spousal Support
If you can’t afford to pay spousal support, you may be able to avoid paying it. The court will look at your income and expenses to determine whether or not you can afford to pay support. If you can’t afford to pay, the court may order that you don’t have to pay.
Get a Job
If you’re not working, you may be able to avoid paying spousal support by getting a job. The court will look at your income and ability to support yourself when determining whether or not you have to pay spousal support. If you can show that you’re capable of supporting yourself, it may be easier to avoid paying support.
Show That The Other Spouse Earns More or Can Support Him/Herself
If your spouse earns more money than you do, or if they can support themselves, you may be able to avoid paying spousal support. The court will look at the incomes of both spouses when determining whether or not one spouse has to pay support. If your spouse makes enough money to support themselves, the court may find that you don’t have to pay spousal support.
Get a Divorce in a No-Fault State
In some states, the court will only order one spouse to pay spousal support if the divorce is fault-based. This means that the divorce must be caused by one spouse’s infidelity or other marital misconduct. If you live in a no-fault state, however, the court may order spousal support even if the divorce wasn’t caused by either spouse.
Prove That Your Spouse Waived Their Right to Support
If your spouse waived their right to spousal support in a prenuptial agreement or other legal document, you may be able to avoid paying support. The court will look at the terms of the agreement to determine whether or not your spouse gave up their right to receive support. If they did, you may be able to avoid paying spousal support.
Get a Limited Divorce
In some states, you can get a limited divorce instead of a full divorce. A limited divorce doesn’t end your marriage, but it does allow you to live apart from your spouse. If you get a limited divorce, you may be able to avoid paying spousal support. This is because the court may find that you’re not married and not required to pay support.
Remarry
If you remarry, you may be able to avoid paying spousal support. The court will look at the terms of your divorce decree to determine whether or not you’re still required to pay support. If the decree doesn’t say anything about remarriage, you may be able to stop paying support if you get remarried.
Argue Mischief or Illwill in the Divorce
In some states, you can avoid paying spousal support if you can prove that your spouse acted in bad faith or with ill will during the divorce. This is because the court may find that your spouse isn’t entitled to receive support if they caused the divorce or filed for a divorce aiming at benefiting from spousal support.
Prove That Your Spouse Cohabitates With Another Partner
If your spouse lives with another partner, you may be able to stop paying spousal support. The court will look at the terms of your divorce decree to determine whether or not you’re still required to pay support. If the decree doesn’t say anything about cohabitation, you may be able to stop paying support if your spouse lives with another partner.
These are just some of the ways that you may be able to avoid paying spousal support. However, it’s important to remember that there’s no guaranteed way to avoid paying support. Every divorce is different, and the court will look at each case individually when making a decision about spousal support.
Trends and Emerging Issues in Alimony and Spousal Support
In recent years, there have been several trends and emerging issues in alimony and spousal support. These trends and issues include:
The Rise of Cohabitation Agreements
Cohabitation agreements are becoming more common as couples divorce later in life. A cohabitation agreement is an agreement between divorcing spouses that stipulates what will happen to alimony payments if the recipient spouse begins living with another partner.
In some cases, the cohabitation agreement will stipulate that the alimony payments will stop if the recipient spouse begins living with another partner. In other cases, the cohabitation agreement will stipulate that the alimony payments will continue even if the recipient spouse begins living with another partner.
The Decline of Permanent Alimony
Permanent alimony is becoming less common as couples divorce later in life. Permanent alimony is a type of alimony that is paid until the death of either spouse or the remarriage of the recipient spouse.
Many states are now moving away from permanent alimony and toward more temporary forms of alimony. This is because permanent alimony can be a financial burden on the payor spouse, and it can be difficult to end if the circumstances of either spouse change.
The Rise of Self-Supporting Spouses
As more women enter the workforce and become self-supporting, there has been a trend toward awarding less alimony to wives. This is because many wives are now able to support themselves without the need for financial assistance from their husbands.
The Decline of “Lifetime” Alimony
Many states are now moving away from awarding “lifetime” alimony. Lifetime alimony is a type of alimony that is paid until the death of either spouse or the remarriage of the recipient spouse.
Many states are now moving toward awarding alimony for a set period of time, rather than indefinitely. This is because lifetime alimony can be a financial burden on the payor spouse, and it can be difficult to end if the circumstances of either spouse change.
The Rise of “Rehabilitative” Alimony
Rehabilitative alimony is becoming more common as couples divorce later in life. Rehabilitative alimony is a type of alimony that is paid for a set period of time to allow the recipient spouse to get back on their feet financially.
This type of alimony is typically awarded to spouses who have been out of the workforce for an extended period of time, such as stay-at-home moms. The goal of rehabilitative alimony is to allow the recipient spouse to get training or education so that they can reenter the workforce and become self-sufficient.
The Rise of “Bridge-the-Gap” Alimony
Bridge-the-gap alimony is becoming more common as couples divorce later in life. Bridge-the-gap alimony is a type of alimony that is paid for a set period of time to help the recipient spouse transition from being married to being single.
This type of alimony is typically awarded to spouses who have been married for a long time and who need financial assistance to adjust to their new lifestyle. The goal of bridge-the-gap alimony is to help the recipient spouse pay for expenses such as moving costs, legal fees, and other one-time expenses associated with the divorce.
The Rise of “Limited Duration” Alimony
Limited-duration alimony is becoming more common as couples divorce later in life. Limited duration alimony is a type of alimony that is paid for a set period of time, typically five years or less.
This type of alimony is typically awarded to spouses who have been married for a short time and who do not have any significant financial need. The goal of limited-duration alimony is to help the recipient spouse transition from being married to being single.
The Impact of Domestic Violence on Alimony Awards
Domestic violence can have a significant impact on alimony awards. Many states now allow victims of domestic violence to seek a waiver of alimony, or an increase in the amount of alimony they are awarded.
This is because domestic violence can have a significant impact on the victim’s ability to earn an income and support themselves. Domestic violence can also make it difficult for the victim to find housing or childcare, which can make it difficult for them to reenter the workforce.
The Impact of Adultery on Alimony Awards
Adultery can have a significant impact on alimony awards. Many states now allow spouses who have been cheated on to seek a waiver of alimony, or an increase in the amount of alimony they are awarded.
This is because adultery can have a significant impact on the victim’s ability to trust their spouse, which can make it difficult for them to maintain a healthy relationship. Adultery can also make it difficult for the victim to find housing or childcare, which can make it difficult for them to reenter the workforce.
The Impact of Remarriage on Alimony Awards
Remarriage can have a significant impact on alimony awards. Many states now allow spouses who have remarried to seek a waiver of alimony, or an increase in the amount of alimony they are awarded.
This is because remarriage can have a significant impact on the financial status of the spouse who has remarried. Remarriage can also make it difficult for the spouse who has remarried to find housing or childcare, which can make it difficult for them to reenter the workforce.
Conclusion
In conclusion, if you are considering divorce or are currently going through one, it is important to be aware of the law surrounding spousal support. This includes understanding the different types of support, how it is calculated, and what factors are considered when making a determination. With this knowledge, you can be better prepared to negotiate a fair settlement with your ex-spouse. You can also avoid making mistakes that could result in an unfair outcome.
If you have any questions about spousal support or other aspects of divorce, please contact a qualified family law attorney in your area.
This article is for informational purposes only and should not be construed as legal advice. You should always consult with an attorney before taking any legal action.