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Is spousal support an option for me?

On Behalf of | Jan 29, 2019 | Firm News |

Anyone fortunate enough to live in financial security knows the stress that comes with ending a marriage. What will become of your assets? How much could you lose? Will you be able to maintain the lifestyle you’re accustomed to? These questions are even more pressing for anyone who married into financial stability.

The court understands that you want to maintain a similar quality of life during your separation and after your divorce is finalized; that is why orders for spousal support are so common during divorce. Spousal support is money paid from a financially secure spouse to the other so that they may support themselves.

Requesting a spousal support order

First, it is important to understand that setting up spousal support is a legal issue and can be quite difficult in some cases. You will want to speak with a professional family law attorney to understand how spousal support relates to your particular case, how much you may receive and other factors.

Spousal support can only be established during a court case, as explained by California Courts. Depending on your situation, you may request temporary support or permanent support.

Temporary spousal support is money paid while the divorce case is happening. It can be seen as a way for one spouse to keep themselves afloat until everything is finalized and they are able to seek work of their own.

Permanent or “long-term” spousal support also exists and may be issued after the final judgement of the divorce is given. Receiving permanent spousal support is not based on a mathematical formula, a judge will look at several factors to determine if, and how much, spousal support is necessary.

Several factors will affect a court’s decisions regarding spousal support, some of these include:

  • What skillset the receiving spouse has
  • That skillset’s earning potential in the current job market
  • Whether the receiving spouse will need to attend training or schooling
  • How much time the receiving spouse spent putting off their own growth for domestic duties
  • If there was physical, emotional, financial or sexual abuse in the marriage

Spousal support does not last forever, even in cases when it is “permanent” spousal support. Should the support order provide an end date or a judge rules that the support should end, it ends. If the receiving spouse passes away or remarries, then the support also ends.

Spousal support is a valuable tool for thousands of divorcing individuals each year. It is, however, only available for those that push for it. Do right by yourself and get the support you need to stay on your feet.