If your marriage is ending, there are several financial issues that you and your spouse must figure out. In some cases, the court grants a spousal support award to one of the parties.
Whether you are looking to receive or may have to pay spousal support after your divorce, there are a few key issues to keep in mind.
Support types
The purpose of spousal support is to aid a spouse in the transition by providing the financial support needed to maintain at least a decent lifestyle in comparison to life during the marriage. There are a few different types of support that the court may award.
Payments to an ex-spouse after separation but before the divorce proceedings are spousal support payments. Any payments for the ex-spouse that the court orders a party to pay during the court proceedings fall under alimony pendente lite. Once the divorce is final, the last determination of support to the spouse is alimony.
Relevant elements
The court considers a few different factors in a support determination. Some of the most common considerations include the following:
- Earning capacity or limitations of you and your spouse
- Current income and benefits
- Spousal contribution to marital assets
- Standard of living
- Marital debts and assets
- Length of the marriage
Depending on the evidence and documentation that you and your spouse provide, the court may consider other factors as well.
Calculations
No two cases are exactly the same, which the court recognizes. Therefore, there are a few different spousal support calculation formulas that judges use to take into consideration important aspects, such as whether there are children involved or not.
By understanding and weighing these factors, you can prepare yourself for the possibilities for your spousal support determination. It may also be helpful to review the law in full to understand how it applies to your particular situation.
