Contact Cain and Herren

How to Determine the Conditions of Spousal Support

Separating can be hard enough without having to deal with the timing of spousal support payments. When it comes to spousal support, and determining the conditions of it, it falls upon the court.

Conditions such as the reasoning, granting, amount, and timing are decisions made by the judge who is presiding over your divorce case.

How Long Can an Alimony Last For?

There are a couple of different forms of alimony and they are determined by the situation of the lower earning spouse. These situations can vary and affect the time period of continued support by the higher earning party involved in the divorce.

Transitional Alimony

The most common form of alimony is transitional alimony. This is where the lower earning party, usually the alimony recipient, is transitioned into a lower standard of living post-divorce.

This form of alimony is typically awarded for 2 to 4 years after the divorce has been finalized.

discussing alimony

Rehabilitative Alimony

Rather than living in this standard, most alimony recipients will turn to training or education to improve their situation. With new training and schooling, they will be able to better provide for themselves as well as any children involved.

When this occurs the spousal support recipient’s tuition, fees, books and various living expenses are covered by what’s called rehabilitative alimony.

This allows the person to further their education while working part-time or not working at all. Rehabilitative alimony is generally awarded for 4 to 6 once the divorce has gone through.

The Law Is Firm About Spousal Support Payments

It’s very rare that alimony recipients are displaced homemakers who have never worked or are close to the age of retirement at the time of the divorce.

However, the law is clear in stating that the spousal support payments cannot last longer than the marriage making it uncommon for support payments to last for the remainder of the recipient’s life.

the law is firm

Rather than this, it’s also typical that disparate property division is awarded which means that the support recipient will receive more than 50% of the divorce equity.

With this in hand, the recipient will then be able to manage their own finances and future endeavors.

Spousal Support Time Depends on the Court

The courts may order either temporary, short-term, or long-term spousal support depending on the situation. The time and amount of all are completely at the discretion of the courts.

Short term may be granted in order to allow the lower earning party a chance and the time to gain necessary skills. Long term may be granted to the spouse who has specific needs or custody of the children.

If you have gone through the divorce hearings and trials and have questions about your spousal support the best thing you can do is consult your divorce attorney.

They will have the specific details regarding your case and should be able to provide you with a timeline of upcoming events.

You may also like...

Leave a Reply

Skip to toolbar