What You Need to Know About Spousal Support
Spousal support can be defined as the financial support one spouse needs to pay the other after divorce. It’s also defined as maintenance or alimony and is usually paid on a monthly basis or lump sum depending on the agreement. Spousal support falls under two categories: permanent and temporary support. This article talks about some of the spousal support essentials.
Table of Contents
The distinction between temporary and Permanent Support
Temporary support is a pre-divorce settlement while a permanent one is post-divorce spousal support.
Why is spousal support paid by one person and not both?
One of the reasons why alimony is paid by one spouse is to compensate the other who sacrificed their time or kept their career o hold during their marriage. The other reason is to help a spouse that is in financial difficulty when a marriage ends. It’s worth pointing out however that one of the spouses who is seeking maintenance is also obliged to be self-dependent if possible.
Is spousal support inclusive in a divorce?
Yes, spousal support is part and parcel of a divorce. Legally married couples can seek alimony or maintenance when they go to court. The spouse who pays for alimony is referred to as the payor while the one who receives support is referred to as the payee.
Where can I file for spousal support?
Legally married couples who are separated can file for spousal support in the Family Court. This particular court order only ceases when a divorce is granted. However, Supreme Courts are entitled to order support during or after a divorce.
How is spousal support determined?
Maintenance is usually calculated as per the income of each spouse and the marriage duration. For instance, 30% of the payor’s income is inclusive of income cap, less 20% of the payee’s income. Marriages that are 15 years and below usually have a spousal support range of between 15 to 30%, while 15 to 20 years have a 30 to 40 %. Lastly, marriages that are over 20 years have a 35 to 50 % maintenance.
Is a spouse obligated to pay both spousal and child support?
In most circumstances both a spouse is obligated to pay both, nevertheless, child support is mostly prioritized. In other words, in circumstances where there’s no money to pay spousal and child support, the latter is supported.
What’s the support payment duration?
The timeframe is based on various factors such as how long the marriage lasted or the age of each spouse during the divorce. In most circumstances, it goes on for a limited time frame while in other cases it ceases due to change in circumstances or agreement change.
In Conclusion, spousal support usually begins the moment a judge signs the maintenance papers. In case of a payment breach, the supported spouse can go to court and a hearing is set to determine why payment hasn’t been made. Alternatively, if you want the best personal injury lawyers in town, Taylorsville personal injury lawyer Fielding Law is your best bet.
