Spousal Support

Spousal support or alimony can be paid to either the husband or wife in a divorce case based upon the facts and circumstances in each case. Unlike child support, which is based upon a strict formula, spousal support is awarded on a case-by-case basis.

Relevant factors in determining whether spousal support should be paid include the length of the marriage, age of the parties, incomes of the parties, education of the parties, health of the parties, standard of living and fault for the breakdown of the marriage. All divorce judgments must indicate whether spousal support is awarded and, if so, to whom and for how long.

Generally, spousal support is modifiable, meaning it may be changed in the event of a significant change in circumstances. However, if the parties so chose, spousal support may be made non-modifiable, meaning that neither party may change the spousal support award regardless of what events occur after the divorce is final.

Spousal support is normally taxable income to the recipient and tax deductible to the payer. Your attorney will discuss with you the likelihood that spousal support will be paid in your case, run support guidelines and discuss your options.