Alimony or spousal support is one of the most contentious matters associated with a divorce. It often causes significant financial and emotional stress and leads to further disputes. Hence, it’s better to have the spousal support issues sorted as quickly and smoothly as possible.
Understanding Spousal Support
Spousal support refers to financial support payments from one spouse to the other after they are divorced or separated. The duties a spouse has to fulfill or is unable to observe are supposedly compensated through these payments.
In other words, a spouse could fulfil or observe some duties and be responsible for some while being in a relationship. They could utilize that time for building their career, which was not the case because they were in that relationship.
Spousal support is the amount determined as compensation for the time spent in the relationship.
Calculating Spousal Support and the Duration
Spousal support is calculated after weighing in several factors. There are also some software packages available to help calculate spousal support, including arrangements for child support.
While calculating spousal support, the following factors are taken into consideration:
- Both spouse’s income
- Estimated time required for the lower-earning spouse to become self-sufficient
- Length of the marriage
- Any special needs or hardships for either spouse (i.e., illness, disability etc.)
If the divorce is taken to court, the case session will determine the amount and duration of spousal support. However, it can be negotiated between the two parties. It’s easier to negotiate the matter before involving a judge.
The duration of spousal support payments is typically negotiable until the final divorce decree. This duration depends on the duration of the marriage. It is usually 1/2 a year to 1 year in support payments for every year the marriage lasts. The idea is enabling the payee to become self-sufficient.
Though lifetime support awards are rare, some cases entitle lifetime spousal supports. If you have been married for a considerably long time and the likelihood of a new career for your spouse is exceedingly low, you might have to pay spousal support for the rest of your spouse’s life. Your divorce and spousal support lawyer can help you negotiate a convenient agreement on this.
Can You Get Out of Paying Spousal Support?
Following are the circumstances where you could apply to get out of paying spousal support:
- Challenging the eligibility of your spouse during the divorce process
- Requesting a modification if you already have gotten a divorce decree. If either spouse is experiencing a significant change in circumstances (i.e., your spouse remarries), you can make a plea to the court to relieve you from the obligation of paying support.
Why Moose Jaw Divorce Lawyers?
At Moose Jaw Divorce lawyers, we offer sound, informed legal counsel from professional and experienced lawyers. Our team of lawyers can help sort your divorce and spousal support issues with ease, empathy, and technical knowledge.
Get in Touch with Us
We sincerely hope you don’t require seeking the help of a spousal support or divorce lawyer. If, unfortunately, you end up suffering this, we’re always here to help. You can simply contact us and schedule an initial consultation to sort out the plan to get legally represented by one of our expert and professional lawyers.
You can reach us at:
Email: contact@moosejawdivorcelawyer.ca
Phone: (306) 992-9014