Closely intertwined in divorce cases are issues of spousal support. In the United States, where laws governing spousal support are not gender-sensitive, more men are now asking for alimony from their breadwinner ex-wives. Britney Spears, Jennifer Lopez and Jessica Simpson are proof of the increasing trend of women paying spousal support.
If you are considering filing for divorce or annulment, it’s important to consult a family lawyer about your spousal support issues.
What is spousal support?
Also known as “alimony”, spousal support is the amount paid by one spouse to another when the marriage ends. There are two types of spousal support: temporary and permanent. A judge may order one party to pay temporary support while divorce proceedings are pending. Permanent spousal support refers to the regular and long-term payment aimed at providing the supported spouse with the means to maintain the same standard of living he or she previously enjoyed while married to one another, after the divorce.
Legal help for spousal support
Money is frequently a sensitive and hotly contested issue in divorce and separation proceedings. Ideally, former spouses are encouraged to enter into a support agreement voluntarily and out of court.
Without a voluntary agreement, a judge will make a decision after considering various factors such as:
- Job skills of the supported spouse
- Time and cost of obtaining appropriate education to hone those skills and to gain more job skills
- Financial capacity of the paying spouse
- Spouses’ respective debts and assets
- Duration of the marriage
- Age and health of each party
Duration of spousal support
The period to provide alimony generally depends on the agreement of the parties. Without a support agreement, the obligation to provide alimony will depend on the circumstances of the supported spouse. Thus, alimony may end when the supported spouse remarries or cohabits with another or when his or her income and resources improves making them self-sufficient.
In Carlsbad, California, the Fischer & VanThiel Law Firm has years of experience in complex family law issues, helping clients obtain the fair value of spousal support that they need. We also handle other family law cases such as divorce, legal separation, child custody and visitation, paternity test and property division. Call us today to schedule a free initial consultation at 760-722-7669.