What Is Spousal Support or Alimony?

Alimony means that a portion of the financial income of one spouse is provided to the other after the divorce. Alimony, also known as spousal support, is more varied than child support.  The State does not set a necessary amount that must be paid. The judge assigned to your case has complete discretion in ordering the amount of spousal support that you will receive for your spouse.

Spousal support may seem like an unfair expense, but it’s one that many spouses still have to pay, especially if they make significantly more money than their partner. However, there are some steps you can take to ensure that you don’t have to pay as much as you otherwise would. These tips on how to avoid paying spousal support will help protect your wallet during and after divorce proceedings.

The role of a spousal support attorney is to help you obtain or avoid paying spousal support. There are two types of spousal support: compensatory and punitive. Compensation is paid when one spouse has sacrificed his or her career in order to take care of another’s children, for example. Punitive support isn’t given if it appears that one party purposely did something in order to get out of paying it.

For example, if a husband runs off with another woman, leaving his wife with debt he ran up without any means of supporting herself, there won’t be any punishment at all because he did something intentional.

How Many Forms of Spousal Support Are There?

Spousal support can come in different forms. The requirements for a divorce in Virginia come with a set deadline and prevent a couple from divorcing immediately after their separation, but even if this is the case it is still possible for one of the spouses to request temporary support (pending lite) until finalizing the divorce.

Spousal support can also consist of just one payment, a lump sum payment, or monthly payments. The length of support payments ordered varies with each divorce, and depends on the situation of the children, the length of the marriage, the contribution of each spouse to the marriage and their abilities to support themselves, and the judge’s perception of what is fair and equitable.

What Are the Factors That Affect Alimony or Spousal Support?

In some divorces, the Court may award spousal support or alimony after considering several factors: the marital history and the financial circumstances of the parties. There are several kinds of maintenance and the Court can award one of them or a combination of these. A rehabilitation pension may be award to help one of the parties establish their capacity for self-support.

A gap bridge pension may be award to assist one of the parties by providing support to enable them to transition from married to single. This gap-bridge pension is designated to assist the party with their legitimate short-term needs. The duration of this form of pension cannot exceed two years.

• Pension Duration

The duration pension can be grant when the permanent periodic pension is not appropriate. The purpose of the long-term pension is to provide financial assistance for a clearly defined period of time after a marriage of medium or short duration.

The lump-sum pension can be award in the form of interest on a property taken as a support payment, or to ensure an equitable distribution of the marital property if its award is justified and if there is a corresponding financial capacity to pay. There are two (2) requirements to award a lump sum pension:

(1) its award must be identified either as necessary for support or to be used as an equitable payment

(2) there must be unusual circumstances that require awarding of support unmodifiable.

If you’re heading through a divorce, one of the issues you’ll need to deal with is the matter of spousal support. It can be tempting to assume that your spouse will always get support and you’ll never have to pay it. But the truth is that it’s more common than not that at least one person pays spousal support. However during divorce proceedings in California and the surrounding areas. These five steps can help you avoid paying spousal support so that you can leave your marriage with an as little financial burden as possible.

• Do Not Act Inconsiderate

It is important that you do not act in a way that would make it impossible for your spouse to earn an income. Don’t quit your job, and don’t quit school. This is especially important if you will be seeking alimony payments after divorce—a spousal support attorney can help explain how paying alimony differs from spousal support and what factors affect spousal support rulings in courts.

• Keep Communication Lines Open

Open communication between spouses is crucial to finding a path that’s equitable for both parties. If you feel that your spouse isn’t being reasonable, get in touch with a spousal support attorney. An experienced spousal support attorney can help you navigate difficult situations and negotiate an agreement that suits both parties.

• Consider Divorce Mediation

Mediation is a common way for divorcing couples to reach an agreement outside of court. If your spouse agrees, you can meet with a spousal support attorney. Who will help guide you in coming up with a support agreement that makes sense for both of you? When working with a family law mediator, it’s important that each side has a spousal support attorney present at all times. Choosing mediation can help avoid steep legal fees and lengthy litigation.

• Consult A Spousal Support Attorney

The first step towards avoiding spousal support is consulting a spousal support attorney specializing in divorce and family law.

This way, you’ll be able to ask them your questions directly. If you live in California, for example, it’s important to know that there are two types of spousal support—temporary and permanent.

California family law requires spouses who earn more than their partners during the marriage—known as earning spouses—to pay temporary spousal support during divorce proceedings while settlement negotiations are taking place.

• Be Patient When It Comes to Child Custody

If you’re a high-earner or your ex is, you might want to take a backseat in custody. Courts award child custody based on what they perceive as being in a child’s best interest, but they will also consider how much time each parent has been able to spend with their children.

The Final Verdict

There are many factors that go into spousal support in a divorce. Just because you can afford to pay your ex-spouse. However, it does not mean that you will have to pay spousal support, especially if you hire an attorney.

An experienced spousal support attorney can help determine how much spousal support you are responsible for. They decide the amount paid by calculating what is known as temporary maintenance. Temporary maintenance is a temporary payment order by courts before permanent orders are made.

If your ex-spouse would like any other type of financial settlement. A spousal support attorney can advise on all aspects of spousal support, including relocation expenses and alimony.