When Will Spousal Support Be a Factor in a Divorce Case?

 

Divorce is one of the most difficult and painful experiences one can ever go through in life. It involves separation from someone you lived with under the same roof for years, and it could result in emotional and financial trauma. One of the most contested issues in any divorce case is spousal support, which is also known as alimony. Spousal support is a payment that one spouse makes to the other after a divorce to help the other maintain their lifestyle. But when will spousal support be a factor in a divorce case? This blog post will discuss when spousal support may be a factor in a divorce case.

 

The first thing to consider is the length of the marriage. A long marriage is considered a marriage that lasted for at least ten years. In such a case, it is assumed that both parties have become accustomed to a certain lifestyle and that the non-earning spouse may not be able to maintain this lifestyle on their own. In such a case, spousal support may be considered.

Secondly, the earning capacity of both parties is taken into consideration. If one spouse is unemployed or their earning capacity is significantly less than the other party, then spousal support may be considered. In situations where one spouse has significant earning potential, it is not uncommon to see the court order the higher-earning spouse to pay spousal support to the other.

Another factor is the amount and type of property acquired during the marriage. In a divorce case, the court generally divides all marital property evenly between both parties. If one spouse is awarded significantly more property than the other, then spousal support may be considered as a way of balancing the scales.

The health of the parties involved is another consideration. If one party is in poor health and unable to work, they may require spousal support. The same applies if one party is unable to provide for themselves financially due to a disability or other health condition.

Lastly, the parties' age and their ability to secure employment are taken into consideration. This is especially true for older individuals that may struggle with finding employment due to their age. In such a case, spousal support may be necessary to ensure that the non-earning spouse can maintain their lifestyle and quality of life.

 

Conclusion

When it comes to spousal support in a divorce case, there are several factors to consider. The length of the marriage, earning capacity of both parties, property acquired during the marriage, health of the parties, and age and ability to secure employment are all considered when determining if spousal support is necessary. If you are going through a divorce and need help with the spousal support, contact an experienced international divorce attorney in Orlando, FL, such as Ilvento Law, to help you navigate through the complexities of divorce law.