Frequently Asked Questions about Spousal Support
What is spousal support?
Also known as alimony, spousal support refers to the payment that is made by one spouse to another following divorce. The payment is intended to maintain the standards of living of the spouse. With spousal support, the financial impact of divorce will be lesser, especially for the person who is less financially dependent. It is also common for most people to be unemployed and even depressed. The situation can lead into loss of income and hence, this kind of support will make sure that financial assistance will be present.
When will spousal support be granted?
Spousal support will be granted once the dissolution of marriage has been announced, but not upon the declaration of the annulment of the marriage that has been void. It is important to note, however, that being awarded divorce does not mean that spousal support will be granted instantaneously. The court will still determine the eligibility of the other party to receive such financial privilege. The right to demand for spousal support can also be reserved for the future, usually in a period that is at least one half of the time the couple has been married.
How is eligibility for spousal support determined?
The court has the responsibility of determining the eligibility of one party to receive spousal support. There are various situations that should be taken into account, including the circumstances that lead into the end of marriage. The reasons for divorce, such as adultery, cruelty, and willful desertion, will also be looked at. There are many factors that could bar the other party from receiving support, such as if the reason for the separation is adultery. The spouse requesting for support must also prove lack of sufficient property and being not able to provide adequate self-support.
How much is awarded for spousal support?
There is no definite figure that will determine how much a spouse is eligible to receive for support. It will depend on a number of factors. For instance, it will be determined based on the financial capacity of both parties, including income from employment, pension, and retirement plans. Age of both parties, duration of the marriage, standards of living during the marriage, physical health, and earning capacity, will also be looked at to help the court to determine the amount that will be granted for spousal support.
When and how is it paid?
The spousal support will be payable once the written Separation of Agreement has been executed. Both parties have must follow the terms that have been specified in such agreement. In the case of a court decree, the amount of the support can be settled in a lump sum or installments. If in case of a lump sum, it should usually be settled on the first month following the release of the order. In the case of monthly payments, on the other hand, the first day of the first month after the decree has been released will signal the start of the payment.
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