Free Divorce Information

Although spousal support is a relatively new term the concept behind this term is not a new idea when it comes to the subject of divorce. Spousal support was previously known as alimony and although the term alimony is rarely used now spouses are still routinely receiving financial support after a divorce. Although most states do not have a mandatory spousal support law, it is still a common practice for spousal support to either be awarded by the judge or agreed upon during a collaborative divorce process. However, there are also many situations in which spousal support is not considered or not awarded.

The Purpose of Spousal Support

Spousal support can be paid by the husband to the wife or by the wife to the husband after a divorce. In general whether or not one of the parties will face financial hardship after the divorce should be considered and the decision regarding spousal support is made after this is considered. The inclusion of spousal support in the divorce decree will help to allow the spouse to maintain the same standard of living after the divorce is finalized. This is especially important if one of the partners had been the sole income source during the marriage.

There are a number of different variables to consider when determining spousal support. The most obvious consideration is the amount of spousal support to be awarded to the recipient. This is usually a dollar amount to be paid monthly but there may be other payment methods including a lump sum payment, quarterly payments or even yearly payments. Another very important factor to consider is the duration of the spousal support payments. Most often this duration is unlimited. In these cases of unlimited spousal support, the death of either spouse or the remarriage of the recipient of the spousal support will terminate the spousal support agreement.

In other cases the duration of the spousal support may have a specific termination date. This termination date may be set based on a number of different concepts. In some cases the termination date is determined based on the total amount of spousal support the recipient is to receive. In this situation the spousal support agreement ends when the maximum amount has been paid to the recipient. In other cases the termination date may be set to coincide with the retirement of the spouse tasked with paying the spousal support. Regardless of how the end date is determined, care should be taken to ensure this provision is spelled out in the divorce decree.

When Spousal Support is Not Usually Applicable

As we have already mentioned, most states do not have mandatory spousal support laws. Even though the inclusion of spousal support is not necessary this type of financial support may still be awarded to enable both spouses to maintain the same standard of living after the divorce. The exception is for very short marriages. When short lived marriages of two years or less are dissolved, spousal support is usually not considered. However, this is not a steadfast rule either. Although spousal support may not be automatically considered in this case, if both parties agree to spousal support it can be awarded. Also, when both parties are employed and are capable of supporting themselves, there is usually no spousal support ordered in the divorce. Again, though it can be awarded if the spouses both agree to include it.

It is also noteworthy that child support typically takes precedence over spousal support. When the couple has children it is much more likely for a spouse to be ordered to pay child support than spousal support. Spousal support is usually only considered when child support has already been ordered.

Even though spousal support is usually not considered in these situations, if both parties agree, a spousal support provision can be placed in the divorce decree. When the parties are in agreement on this issue, the court will typically include this provision. It also should be noted that neither party is required to accept spousal support. This support can be waived. In this case both parties must sign a waiver indicating spousal support is not wanted by the recipient.