Spousal support payments, also known as alimony, are made from one spouse to the other after a legal divorce or separation. These payments are provided as an means of helping the spouse who is considered to be economically disadvantaged. In general, the spouse with a higher earning capacity will be ordered to pay spousal support to the other spouse. The length of time these payments are to be made, and the amount, are determined by assessing a broad range of factors.
Whether you are the spouse seeking support payments or are being sought for spousal support, it is important to have a lawyer working with you along every step of the way. By making this choice, you can know that your best interests will be acknowledged and represented in a court of law so that you get a fair and equal judgement. To discuss your concerns and questions now, contact a law firm to speak directly with a lawyer who cares.
Understanding Spousal Support
Spousal support is never guaranteed in the event of a divorce, nor it is a granted right to a husband or wife. It is not meant to punish a spouse for their actions during the marriage, and it is also not a reward for tolerating any “misbehavior”. Misconduct has absolutely no role in spousal support. The only reason it is given is to ensure both parties can maintain a certain standard of living after the marriage. This standard should be as close to the established standard during the duration of the marriage.
Every state has their own laws and rules about spousal support payments. In most states there tends to be a large amount of discretion which is why it is important to take some time to understand what could affect your payments as the payee or receiver. There are two common types of spousal support:
Temporary – This type of spousal support is usually pending an upcoming divorce litigation. A judge may order one spouse to pay temporary support payments until a final agreement is made.
Permanent – Spousal support payments for an indefinite period of time. These amounts can be modified if ever the circumstances of the payee or receiver change.
A divorce can have a financial impact on both spouses, especially when they were living on two incomes. In most cases, one spouse will have earned more than the other, and in these situations it is often the spouse who earns less that will suffer the most.
Under most state laws, there are provisions that ensure both spouses are not left destitute by a divorce. When requesting spousal support, a judge may consider the following:
- The length of the marriage
- The earning capacity of each spouse
- The education and occupation of each spouse
- The age of each spouse
- The physical and emotional health of each spouse
- Whether marital misconduct or abuse is a factor
A lawyer can help to minimize the financial impact for either spouse while ensuring your rights and interests are not forgotten. Find out what [law firm name] can do for you by giving us a call now.
A judge could order spousal support to be paid in one lump sum or across multiple or monthly payments. It could last for a certain number of years or a lifetime. Lawyers offer skilled legal advocacy for clients who are trying to secure spousal support or who are facing obligations to pay alimony. Call a law firm today to talk with an LSR divorce lawyer Dallas, TX relies on about your own situation.
Thank you to our friends and contributors at Brandy Austin Law Firm, PLLC for their insight into divorce and family law.