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divorce spouse support


Spousal support or alimony is closely associated with divorce. The divorce spouse support is the legal responsibility of the economically stronger spouse and the right of the other spouse. The provision of the divorce spouse support is made to make sure that there is no negative effect on the life of the either spouse resulting from the divorce. The divorce spouse support eventually helps the recipient of the support to maintain the same standard of living that of prior to the divorce. There is no general guideline for determining whether there should be an arrangement for spousal support in every divorce. It is decided by the court whether to give a spousal support or not when there is no pre-marriage contract between the couple regarding the alimony. There are many factors that are considered by the court to decide on the issue of the divorce spouse support such as.

Duration of the marriage If the parting couple have spent considerable amount of time as husband and wife and one of them have undertaken the responsibilities of maintaining the family and bringing up the children for a considerable period of time, then he or she is most likely to get the spousal support.

Age of the spouse If the age of the spouse who is being considered for giving the alimony is such that he or she will not be able to take up a job and undergo any further training, then it is more likely that the court will order an arrangement of alimony in his or her favor.

Health conditions If either of the spouses is ill physically or mentally and needs medical attention then he or she will be considered by the court to get the alimony.

Education The educational qualification of either of the spouse and the past working experience is also considered by the court while deciding on the alimony. If it is found that either of the spouses is going through a training or education, the court might order alimony to incur the expenses of the training till the person is ready to get a job.

Income of both the spouses - The net income of both the spouse including the income from salary, stocks, bonds, investments, property are taken into consideration while fixing the alimony or the spousal support. It is also a determining factor to decide who will pay the alimony.

Though these factors are primarily considered for determining the divorce spouse support, there are so many other factors like the living standard of the people concerned, social status and future earning scopes of the recipient of the alimony are also considered. As these factors are unique for each couple seeking for divorce the court might take independent judgment on the issue.

Apart from determining the amount of the spousal support the court also takes the decision on the type of alimony. There are different types of spousal support that the court can order depending on the circumstances like temporary alimony, permanent alimony, rehabilitative alimony and pendente lite.


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