Marriage is a union that is meant to last forever. However, sometimes things do not go as planned, and couples go their separate ways. The dissolution of a marriage can be a complex and emotional process, particularly regarding issues like spousal support.
What Is Spousal Support?
Spousal support, also referred to as alimony, is the formal, legal obligation where one spouse provides financial support to the other spouse after a divorce or separation. The purpose of this economic arrangement is to give financial assistance to the lower-earning spouse. This allows them to maintain the standard of living they had during the marriage.
Who Is Eligible for Spousal Support?
Not everyone is eligible for spousal support. In general, spousal support is awarded when there is a significant difference in income between the two spouses. Without it, the lower-earning spouse cannot maintain the same standard of living they had during the marriage.
Some factors that are considered when determining eligibility for spousal support include:
- The length of the marriage
- The age and health of each spouse
- The earning capacity of each spouse
- The financial needs and obligations of each spouse
- The contributions each spouse made to the marriage
Types of Spousal Support
There are several types of spousal support, including:
- Temporary Spousal Support: Temporary spousal support is awarded during the divorce or separation. This provides immediate financial assistance to the lower-earning spouse. It is designed to cover living expenses until a final spousal support order is issued.
- Rehabilitative Spousal Support: Rehabilitative spousal support is awarded for a limited period. This allows the lower-earning spouse to acquire the skills or education necessary to self-support.
- Permanent Spousal Support: Permanent spousal support is awarded for an indefinite period. It typically ends when the recipient spouse remarries or passes away.
How Is Spousal Support Calculated?
Calculating spousal support can be complex and is based on several factors, including:
- The income of each spouse
- The standard of living during the marriage
- The earning capacity of each spouse
- The financial needs and obligations of each spouse
- The contributions each spouse made to the marriage
Here are some common methods used to calculate spousal support:
Percentage of Income
This method involves calculating a percentage of the higher-earning spouse’s income. That amount is then awarded as spousal support to the lower-earning spouse. The percentage typically ranges from 20 to 35% of the higher-earning spouse’s income.
Income Minus Expenses
This method involves calculating the lower-earning spouse’s monthly expenses and subtracting that amount from their income. The resulting figure is the amount of spousal support they would receive.
Needs-Based Calculation
This method involves calculating both spouses’ financial needs and obligations. From there, they determine the amount of spousal support required. This can ensure that both spouses maintain their standard of living.
Factors That Can Impact Spousal Support
Several factors can impact spousal support, including:
- Cohabitation: If the recipient spouse begins living with a new partner, they may no longer be eligible for spousal support.
- Remarriage: If the recipient spouse remarries, their spousal support payments typically end.
- Change in Income: If either spouse experiences a significant change in income, they may be able to request a modification of the spousal support order.
- Failure to Pay: If the paying spouse fails to make their spousal support payments, the recipient spouse may be able to seek legal action to enforce the order.
- Retirement: If the paying spouse retires and experiences a significant decrease in income, they may be able to request a modification of the spousal support order.
FAQs
Q: Can spousal support be terminated before the agreed-upon end date?
A: Spousal support is intended to provide financial assistance to the lower-earning spouse. It will last for a specific period or until certain conditions are met. However, in some cases, spousal support may be terminated before the agreed-upon end date. This can occur if the recipient spouse remarries, cohabits with a new partner, or becomes self-supporting. It can also occur if the paying spouse experiences a significant change in income or financial hardship. Consult with a family law attorney to determine whether spousal support can be terminated in your specific situation.
Q: Is spousal support tax deductible for the paying spouse?
A: Yes, in general, spousal support payments are tax-deductible for the paying spouse and taxable income for the recipient spouse. However, in certain situations, spousal support may not be tax-deductible or taxable. For example, if the spousal support payments are considered child support, they may not be tax-deductible or taxable. Consult with a tax professional to determine the tax implications of your spousal support payments.
Q: Can spousal support be modified after an official order?
A: Yes, spousal support can be modified after it has been ordered if circumstances change significantly. This can include a change in income, health, or cohabitation with the recipient’s new spouse. It can also include a change in the paying spouse’s income or financial hardship. It is recommended to consult with a family law attorney. They can help you determine whether spousal support can be modified in your case.
Q: What happens if the paying spouse fails to make their spousal support payments?
A: If the paying spouse fails to make their spousal support payments, the recipient spouse could seek legal action to enforce the order. This can include wage garnishment, liens on property, or even contempt of court charges. Therefore, the paying spouse needs to make their spousal support payments on time and in full to avoid legal action.
Q: Can spousal support be waived or negotiated in a divorce settlement?
A: Yes, spousal support can be waived or negotiated out of a divorce settlement if both parties agree to it. However, it is essential to consider each spouse’s financial needs and obligations before making this decision. Waiving spousal support may leave the lower-earning spouse in a difficult financial situation. They may be unable to support themselves or care for any children involved in the divorce.
Contact Stange Law Firm in Lincoln
If you have any further questions about spousal support or are considering filing for divorce, speak to a Lincoln family law attorney today. Consider them a resource for understanding the complexities of spousal support and divorce. They can help you make educated decisions about your future without making any hasty decisions.
