How Does Spousal Support Work?

Going through a divorce is a difficult process that often comes with a multitude of legalities. One of those legalities is spousal support, which can be a complicated topic for many couples. If you are considering getting divorced or are in the midst of one, understanding spousal support is crucial. In this blog, we will delve into the basics of spousal support, including what it is, how it works, and what factors are taken into consideration when calculating it.

What is Spousal Support?

Spousal support, also known as alimony, is a legal obligation that requires one spouse to provide financial support to the other spouse after a divorce. The purpose of spousal support is to ensure that the receiving spouse can maintain a similar standard of living to that which they had during the marriage. The amount, frequency, and duration of spousal support payments are typically determined during the divorce settlement, but they can also be awarded by a judge in court.

How Does Spousal Support Work?

To determine spousal support, the court considers several factors, such as the income and earning capacity of both spouses, the length of the marriage, the age and health of each spouse, and the standard of living during the marriage. A judge may also consider non-financial contributions, such as homemaking and child-rearing, when determining the amount of spousal support. After considering all these factors, the court will determine the appropriate amount and duration of spousal support.

Types of Spousal Support

There are several types of spousal support: temporary, rehabilitative, permanent, and lump sum. Temporary support is granted to a spouse during the divorce proceedings and is typically replaced by one of the other types of spousal support after the divorce has been finalized. Rehabilitative support is intended to help the receiving spouse become self-sufficient, usually through education or job training. Permanent support is awarded in cases where one spouse is unable to support themselves due to age, disability, or illness. Lump-sum support is a one-time payment made to the receiving spouse, usually in lieu of any other type of support.

Modifying Spousal Support

Spousal support can be modified if either spouse's financial situation changes substantially after the divorce. For example, if the paying spouse loses their job or the receiving spouse gets a significant pay increase, either spouse can request a modification of the spousal support agreement. It is important to note that spousal support agreements cannot be modified retroactively, meaning that any changes are only effective from the date the request for modification is filed.

 

Conclusion

Spousal support is an essential aspect of divorce settlement that can have a significant impact on both spouses' financial futures. Understanding how it works and the different types of spousal support available is crucial when going through a divorce. Additionally, consulting with a family law attorney can help you navigate this complex process and ensure that you receive or pay a fair amount of spousal support. If you're looking for family law practice in Orlando, FL, don't hesitate to contact Ilvento Law for more information.