If you are not at a fault for the breakup of the marriage, in need of support for the necessities of your life, and the other side has the ability to contribute to your support, then you are likely entitled to final spousal support. Final spousal support is far more restrictive than interim support, but the advantage is that it is possible to receive this for the rest of your life as long as you do not remarry (or the court determines that your are cohabiting in the manner of married persons). Final spousal support essentially, however, will allow you just to pay your bills.
Spousal support agreements are incredibly important during and following divorces, and it is important to know that you have a lawyer who can get you the alimony arrangement you need. Consult a knowledgeable spousal support lawyer to gain a working understanding of the differences between these types of alimony and which may apply to your situation. Skilled family law attorneys have a long track record managing spousal support matters for my clients, advising them on how length of marriage, cost of living, retirement assets, and the relative economic status of divorcing parties, can affect the alimony awarded.
When you are the party in a controversy involving spousal support, you want an experienced lawyer to protect your interests. Family law matters can involve strong emotions and can make it difficult to make rational decisions about what is in your best interests. You want an attorney who knows and understands the law and your options, one who has successfully helped others in similar situations.
Factors that a family court considers when determining whether spousal support is appropriate typically include the following:
- Length of the marriage.
- Standard of living during marriage
- Age of the parties
- Physical or mental condition of the parties
- Financial considerations of the family as a whole
- Earning capacity of both parties
- Marketable skills of the party seeking alimony
- Future earning capacity caused by periods of unemployment
- Contributions made toward the education of the supporting party
- Debts and financial assets of both parties
The person who would be receiving the payment is called the “dependent spouse” and the party who would be making the payments is the “supporting spouse.” Though technically spousal support can be paid by either party, in the overwhelming majority of cases the former husband is the supporting spouse. A spousal support payment arrangement can be agreed upon privately between the divorcing couple, or it can in some cases be ordered by the court.
Spousal support can be either temporary and “rehabilitative” or permanent. Rehabilitative spousal support is intended to provide income for the dependent spouse while he or she is on a path toward eventual financial self sufficiency. This can be during a job search or while the dependent spouse is obtaining the education or training necessary to reenter the workforce. Permanent alimony is more or less self explanatory; it is intended to be a long-term, indefinite source of income for the dependent spouse.
In general, there are two types of alimony that can be awarded:
Permanent Support: which deals with the support to be received at the conclusion of the divorce going forward, and
Temporary Support: designed to maintain the status quo (as much as possible) during the divorce.
Both are critical to the needs and abilities of the parties and both must be given careful attention in their determination.
