Spousal support is money paid from one spouse to another to support the spouse with lesser financial resources. Court’s will consider the spouse’s entitlement and their need in comparison with the other spouse’s ability to pay. Courts will look into the following when considering spousal support terms.
Rehabilitative support – This form of support is awarded to the spouse with lesser financial resources for a specific period to help re-establish themselves by obtaining an education. Most often this is awarded to a spouse who left a job to raise children or to assume other family duties. The court will also consider the length of the marriage, the age of the spouse, earning capabilities, absence from the job market and the time and expense to retrain.
Permanent support – If a spouse cannot support themselves due to age, health or disability the courts can award permanent support. However, if the recipient remarries or cohabitates, courts can rule to stop payments. In these instances, it is advisable to speak to your lawyer and understand the terms of the support provided.
It is important that parties looking to receive spousal support are aware of how courts will rule depending on their circumstances. Courts in different states will also consider other aspects of a marriage like the length of the marriage and the circumstances of the divorce. If you or someone you know is looking to learn more about spousal support, it is best to contact a reputed lawyer who handles divorce cases.