If you are separating from your spouse, the issue of Spousal Support, or “alimony” as many people commonly refer to it, is an issue that may need to be resolved. Continue reading to learn more about spousal support and how Lloyd & Kemper can help you with your legal situation.
What Determines Spousal Support?
The court will look at several factors to determine spousal support. These include:
- Does either spouse meet the “entitlement” threshold, meaning, is either spouse legally “entitled” to spousal support?
- How long the couple was married or living together
- Each spouse’s income is now or has been in recent years if they haven’t worked consistently full-time jobs (for example, if one of them had a child while still employed).
- Any other financial obligations that may affect either party, such as child support payments made to another person
How To Calculate Spousal Support?
There are many variables that impact the amount of spousal support paid, including whether there are children and child support is being paid, whether the children are adults, the length of the relationship, any special or extraordinary expenses being paid for the children, where the children are residing, and the incomes of the parties to name a few.
The support duration ranges from half to one year for each year of marriage or cohabitation. In some cases, the length of the duration can be “indefinite.” However, this does not necessarily mean that you will have to pay support forever. Another aspect of calculation is age, and if the recipient is retired, the calculation will take into account the diminished earning capacity of each party reaching retirement age.
How Can We Help You Navigate Spousal Support Matters?
Spousal support is one of the most “gray” areas of Family Law, as there are numerous factors that can determine entitlement, and the amount of spousal support you may receive or have to pay. It is important to consult with an experienced family law lawyer before negotiating this issue with your partner.
If you are considering a divorce, contact our practice today for a consultation. We have experienced family law lawyers who can help you understand the process and reach an agreement that works best for everyone involved. With over 25 years of experience, we know what to do during separation and how to get the best outcome for you, your spouse, and your children.