Spousal Support Basics

Spousal Support Basics

Spousal Support Basics

During divorce court, a judge may award alimony or spousal support to one of the former spouses based on a determination by the bench itself or an arrangement between the partners. Alimony is distinct from the division of marital property and is determined on a case-by-case basis. It is essential to note that spousal support is different from child support settlements because child support can only be utilized for minor children while in their parent's custody. Get an alimony attorney in Orlando if you need representation to obtain spousal support in your divorce.

What is alimony?

The objective of spousal support is to restrict any unfair economic consequences of divorce by supplying a continuing income to a lower wage or no wage-earning partner. An important part of the reason is that the ex-spouse has decided to forgo a career to sustain the family and requires time to acquire the talents to get a job and sustain themselves. Another goal may be to assist the ex-spouse in maintaining the standard of living they had during the union despite income tax refunds, extras, taxable earnings, modifications to income tax returns, etc.

How is alimony determined?

Courts often have the latitude in determining the amount of spousal support granted and for how long it should continue. However, many state's matrimonial support laws are established by the Uniform Marriage and Divorce Act, which suggests that courts evaluate the following elements in producing alimony award judgments:

  • The length of the union.
  • The age, emotional state, physical condition, and financial condition of the one-time partners.
  • The span of time a recipient would need for training or education to grow self-sufficient.
  • The ability of the payer to sustain the recipient and still sustain themselves.

Alimony and support orders

Alimony awards can be challenging to estimate, but if the payer partner is going to comply with the support order is even more difficult to decide. The enforcement of spousal maintenance is much different from child support enforcement. Spousal support is not guarded by liens, paycheck garnishment, and other enforcement tools. If a spouse rejects paying alimony, the planned recipient can go back to court for a contempt ruling to compel payment.

How long will spousal support be paid?

Alimony is just ordered for the time necessary for the recipient to obtain education and training to be self-supporting. If a divorce ruling doesn't set a specific termination date for marital support payments, they must persist until a tribunal orders otherwise. Alimony typically ends if the recipient remarries, but ending of payments upon the payer's demise is not always automatic.

Because there are circumstances where the recipient partner is unlikely to acquire gainful work due to fitness, age, or other concerns, a court may order that additional support continue to be provided from the payer's estate or life insurance payoffs.

Alimony trends

Because marriage has transformed over the years, and now many marriages include two wage earners, women are often regarded as less dependent, and men have more potential to be the primary parent. Marital support and court orders have kept speed with these shifts. The custom of men yielding and women obtaining spousal support has declined, and now the demand for alimony payments from the wife to the husband is growing. In addition, with the legalization of same-sex nuptials nationally, alimony demands in same-sex divorce circumstances where one partner achieves higher earnings than another, partners are often mandated to pay alimony to their same-sex spouse.

Spousal maintenance can play an essential role in adjusting to living life after divorce, as it's often challenging to establish yourself financially after your divorce is finalized. Therefore, it is critical to seek the advice of an alimony attorney in Orlando to understand your prospects and whether you could obtain alimony in your divorce.

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