Divorce Guide

Divorce Guide

Spousal Support

Spousal support is a settlement process during divorce. To be on the safer side, you must be aware of the requirements for spousal support. Spousal support is characterised as a payment, which one spouse would have to pay for the other spouse as financial aid.

Spousal Support-

Spousal support is mainly given to the dependent spouse, who is unable to support herself financially even though employed. The amount is regard to the payment would depend on the court. Spousal support is also referred to as alimony and is like a monthly payment for the spouse who does not have an income.

Spousal support is not entitled to all divorced couples. There are also cases where the wife is made to give spousal support, if she earns well. Spousal support came into being so that the divorced spouse does not loose out the standard of living as it was while being married.

The dependent spouse is usually given spousal support, so that they can further their education or look for a higher paying job which would maintain their standard of living. Spousal support is also given in cases where the dependent spouse has not been used to working while being married.

Types of spousal support-

Temporary spousal support: Temporary spousal support is usually given till the dependent spouse gets a job, gets proper education or skills required for a proper job.

Permanent spousal support: Permanent spousal support is only granted when the dependent spouse is ill and requires money for on going treatment. In such cases, permanent support would be granted.

For spousal support and to know about the requirements it would be necessary to hire a family lawyer who has valuable experience.

Factors pertaining to spousal support are-

  1. The couples standard of living while bring married or during marriage
  2. The spouse who gives spousal support would depend on his/her ability to support themselves and the ability to support the dependent spouse.
  3. The length or the duration of the marriage
  4. The duration the dependent spouse would require spousal support in terms of becoming self-reliant or becoming self-sufficient.
  5. The emotional state, the age and the financial condition of the former spouse

Factors under which spousal support would not be granted are-

  1. In cases where adultery is committed by the receiving spouse, spousal support would not be granted.
  2. Spousal support payments would also stop, if the receiving spouse re-marries. When the receiving spouse re-marries the responsibility of the spouse who provides for spousal support would come to an end. The responsibility of providing a good standard of living would pass on to the current spouse.
  3. Spousal support payments would also stop in cases where the dependent spouse passes away.

Spousal support is mainly granted, so that the dependent spouse can continue to with the same lifestyle which was prevalent while being married. You should work to gather all the required information in regard to spousal support. Your legal attorney would be able to help you with all the information and the legal procedure involved.

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