Spousal Support Attorney
Spousal support (alimony) is traditionally awarded based on established financial need on one side and ability to provide support on the other. The length of the marriage is one of the primary factors in determining whether in what amount and how long support will be awarded.
Spousal support is not intended to be a punitive measure or a reward to one spouse and a punishment to the other.
The purpose of spousal support and alimony is to encourage self-sufficiency overtime and a capacity of maintaining their own household for themselves and their children. If an award of spousal maintenance is awarded, it should be remembered that it is only a temporary arrangement.
If you are required to pay support or alimony, the failure to do so is a violation of a court order and could result in the garnishment of wages, jail time, or ultimately the seizure of assets.
Spousal support and alimony awards are based on many different variables, such as:
- The receiving spouse’s education, health, work history, and earning potential
- The length of the marriage
- The paying spouse’s income, earning potential, and health
- The existence and enforceability of a prenuptial agreement
- The marital standard of living
Some states allow for both temporary and permanent Spousal Support
Temporary support is awarded to a spouse who needs financial assistance while the divorce is pending. Essentially, it is based on the need of one party balanced against the other party’s ability to pay. This calculation is accomplished by using an established judicially-recognized guideline.
Our experienced attorneys understand that this guideline is implemented by often utilizing computer programs which take into consideration the relative earnings of the parties. If used improperly the result can be dramatically incorrect results. Our experienced attorneys know the proper use of these programs and the complex tactics involved in entering data to arrive at the correct and fair spousal support calculation.