A Limited Form Of Support

Spousal support (or alimony) is still ordered for spouses who show a need. While it may have lost some popularity in recent years, some parents who opt to remain it the home with their children may suffer from economic penalties if they don't earn income and then end up in divorce. In most cases, it's not meant to be a permanent form of support. The length of time spousal support persists depends on the type, so read on to find out more.

Showing a Need

Not every divorce situation calls for spousal support. When it is ordered, the situation may be one of these:

  • The parties have vast differences in income capabilities.
  • One spouse is financially able to pay the support needed.
  • The receiving party is older.
  • The receiving party needs time to get training or education so they can be financially independent.
  • The needing party is ill or mentally ill and unable to work.

Temporary Spousal Support

If a spouse can prove a need, they may be eligible for support before the divorce occurs. As soon as the parties are no longer living under the same roof, support can be ordered by using a temporary order. In most cases, this particular form of support ends with the final decree. In some cases, the temporary support becomes permanent with a new order. If you need support during the separation period, speak to your divorce lawyer. It might be easier to get now and keep it later if you act now.

Permanent Spousal Support

This form of support is not as common as it used to be. It is more often ordered for sick or elderly spouses who show very little chance of being able to provide for themselves. If the spouse remarries, this form of support usually comes to an end. If the paying spouse dies, permanent support may continue using a trust or other estate provisions.

Rehabilitative Spousal Support

Meant to be temporary in nature, this form of support is based on the accomplishment of a certain goal. For example, rehabilitative support may be ordered if the party is looking for a job or completing their education. The support ends when the goal is accomplished and not necessarily at a certain date. This is the most common form of spousal support and the goal is to bring both spouses to a comparable level of income equality.

To learn more about spousal support, speak to your divorce attorney.