Just The Facts About Spousal Support

Law Blog

Many divorcing couples are faced with a myriad of decisions and situations, with issues like debt and property division, child custody and visitation and more. One issue that often gets overlooked is spousal support, also known as alimony. This form of support is still on the table, but many couples fail to give it its due. Read on for some quick facts about spousal support.

1. Originally, spousal support was a way to give financial support to a spouse who needed help after a separation or divorce. Oftentimes, women opted to stay home and care for the children and run the household, putting on hold any education or career plans. Spousal support allowed for some equality for those women. Nowadays, spousal support still fills the same need, even if the spouse in need is now the man.

2. You don't have to be divorced to get spousal support, you just need to be living separately from your spouse and have a court order. A legal separation agreement is a handy way of taking care of this issue, and will address child support and other issues at the same time.

3. In the past, spousal support was used as a punishment for the spouse who wronged the other. With the advent of no-fault divorces, however, spousal support is based on the numbers instead of wrongdoing. The higher earning spouse is usually the target of these types of orders, regardless of who cheated on who.

4. If you are at all unsure about requesting spousal support, it might be a good idea to go ahead and include the provision and at least a token amount of support in your divorce decree. You can always reopen the agreement and adjust the amount, but adding a new spousal support provision is nearly impossible.

5. Permanent spousal support is more rare, and temporary spousal support is more common. Instead of permanent life time spousal support, temporary orders place an emphasis on rehabilitative efforts. While the rehabilitative spousal support is technically temporary, it often can last for years and years, and can be extended even longer if necessary. The rehabilitative spousal support is meant to give the party time to return to school or get other job training, with the goal of eventually becoming self-sufficient.

6. When permanent spousal support is ordered, it often involves older spouses who's job prospects may be limited, or spouses who are ill or disabled. Interestingly enough, if the support ordered is permanent, the judge may order that provisions be made in the will for continued payments after the death of the payer.

For more information about spousal support and your divorce, talk with an attorney like Nelson, McPherson Summers & Santos LC.


6 June 2017

How to Gain Guardianship Over a Child

The laws governing child custody and guardianship can be confusing. As a family attorney, I have helped many clients gain legal guardianship over a foster child or a relative's child. Getting legal guardianship of a child you are caring for is important because you need to be able to make decisions about that child's education, health care and other matters. This blog will help you navigate the world of legal guardianship and show you how to take steps to get guardianship over a child whether the child's parents are cooperative or not. Legal guardianship does matter even if a child is not going to be adopted. I hope to help people find the way to get this done.