Spousal Support

Spousal support is defined as an obligation that has been established by law in the United States that is based on the premise that both parties involved in a divorce have an obligation to support each other once the marriage has ended. Spousal support is usually assigned to one of the parties involved in the divorce and it is assigned by the judge that presides over the divorce hearings. Anyone involved in a divorce case may request that the judge requires their spouse to pay spousal support upon the completion of the divorce for various reasons. Contrary to popular belief, spousal support and child support are not the same type of support. Child support is money that is paid by the father of a child to the mother of that same child. Child support is mandated by law but does not have to occur following a divorce. Child support is used to help feed, clothe, and educate a child. Spousal support is used to help the person being paid the support to continue living within their means.

Granting Spousal Support

Granting spousal support does not happen overnight. Once divorce proceedings are off the ground and running, the spousal support of the proceedings will occur at some point down the road. What everyone needs to know is that spousal support is not a right but a privilege. Also, if one party in the divorce is already receiving spousal support from the other because the two have been separated, the support is not always continued automatically when the divorce goes through. The amount of spousal support paid to one of the parties involved depends on the varying circumstances of the divorce and the testimony that is provided during the proceedings by both parties. The court will then make the ruling on whether or not spousal support will be granted and how much will be granted.

Types of Spousal Support Payment

Spousal support is not paid the same way in each divorce case that occurs across the country. In fact, there are a couple of different ways for someone to pay spousal support to the less economically well-off spouse in the relationship. Spousal support can be paid in one lump sum, in temporary periodic payments, or for periodic payments for an indefinite period of time. All of these types of spousal support payments will be decided upon by the judge presiding over the divorce hearings. Determining how much spousal support is to be paid and for how long depends on a variety of factors that will be examined by the judge. Those factors are the length of the marriage, the age and health of the partners, their respective income and earning potential, each person’s needs and ability to pay, the standard of living that was established during the marriage, the sacrifices that were made during the marriage and the judge will also factor in fault in the majority of cases.

Spousal Support and Taxes

Spousal support is taxable on one count and not taxable on other counts. Anyone that pays spousal support is not taxed but anyone that is paid spousal support is taxed because the money is considered to be a form of income. They must claim this as taxable income. Spousal support must be paid in cash and is not considered spousal support when the couple is still living together.

For more information on spousal support, or if you're facing a dicorce, consult with a divorce lawyer in your area.

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