Divorce Guide

Divorce Guide

Divorce Family Support

Divorce family support is paid by either of the spouses to the other during the divorce litigation process and after the divorce. The court orders the “divorce family support” to ensure that the separated and economically weaker spouse can maintain the same living standards that were enjoyed during the marriage. But the divorce family support is essentially different from alimony as the family support is meant to pay for the expenses of the spouse as well as the children living with the latter.

So, basically the divorce family support is the amalgamation of the spousal support as well as the child support.

While ordering the family support, the court primarily decides on two things – who will pay the support and how much should be paid towards divorce family support? For deciding who will get the family support the primary concern of the court is the earning of both the spouses. While calculating the income, salary, investments, stocks, bonds and income from property are taken into consideration. In this way whose income is found to be higher is ordered to pay for the family support in most of the cases. As far as the amount or extent of the family support is concerned, there are many factors that are taken into consideration. They are:

Age – Age of the spouses as well as the age of the children is a determining factor for calculating the family support. If the age of the spouse is such that he or she can not be employed and requires more support than the usual, the amount of the family support tends to be more. As far as the age of the children is concerned, the older the child the more is the family support.

Health – The health of the spouse and the children who will get the support is another factor that comes into play while deciding upon the family support. In case of any one of them is having a disability of some sort or is suffering from any critical disease, the family support will be naturally higher.

Education – The educational qualification of the recipient of the support is considered for deciding on the amount of the support. If the person is qualified enough to get a job, then it is most likely for the support to be less. If the spouse requires further education or training to prepare himself or herself to get a job, then the other spouse who is supposed to pay the family support need to pay for the education as well.

Skill and previous work experience – These are also considered to examine the chance of employment of the spouse. If it is found that the spouse has a higher chance of getting a job then, of course, the family support is calculated accordingly.

Property – The distribution of property and scope of earning from the property is also considered while calculating the family support.

Duration of the marriage – The duration of the marriage is also a determining factor for the family support. If the length of the marriage is more, the divorce family support is higher.

In a nutshell, divorce family support ensures financial stability to the weaker spouse. Otherwise, people may end up being bitter and conflicting but denying each other a divorce, due to financial insecurity.

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