Spousal support, sometimes referred to as alimony or maintenance, means any payment to one spouse from the other spouse for support and maintenance.
Spousal support enables the receiving spouse to meet his or her reasonable needs. Spousal support is necessary to replace the income of one spouse. As such, it is a taxable as income to the recipient and a reduction in income to the paying spouse.
How is Spousal Support Awarded?
A court may award spousal support after considering a number of economic and non-economic factors, including:
- the financial needs of both parties
- the parties’ standard of living
- employment income and any other source of income of each party
- the employment status of both parties
- debt obligations
- reasonable expenses
- the parties’ respective earning abilities
Although there are guidelines for courts to consider when determining whether or not to award spousal support, there is no set formula and so it varies case by case.
How long does Spousal Support Apply?
Recent cases show a trend toward allowing long-term spousal support if the marriage was of a long duration and if there is significant disparity between the divorcing parties’ incomes. As a growing understanding, the idea of a divorce providing a “clean-break” is not the norm; in most long term marriages, fairness requires a continuing obligation.
Can Spousal Support be Modified?
The court may modify some spousal support awards. In order for the court to modify or terminate spousal support, the separation agreement or decree must specifically state that the court retains jurisdiction and lay out events that may require modification or termination. The most common reason for seeking modification is when either party experiences a substantial increase or decrease in income.
