When spousal support comes up during the divorce process, it is helpful for the divorcing couple to be prepared. For that reason, it is helpful for divorcing spouses to be familiar with when spousal support, or alimony, may be awarded.
When spousal support may be awarded during divorce
There are a couple of circumstances when a former spouse may receive alimony. The divorcing couple can agree to it but when they do not The spouse requesting it must first demonstrate that they are eligible to receive spousal support. To demonstrate eligibility for alimony, the spouse requesting it must demonstrate that they cannot afford to support their minimum reasonable needs.
In addition, to be successful in a request for spousal support, the paying spouse must have committed domestic abuse during specified time periods or the recipient spouse is unable to earn sufficient income to support their reasonable needs and their inability to do so is because of a physical or mental disability; because of their responsibility to care for a minor child from the marriage who requires exceptional care; or the marriage lasted greater than 10 years.
Once the spouse requesting spousal support has established that they are eligible to receive it, if it is granted the amount of spousal support the recipient spouse will receive will also have to be determined and the duration of the support will need to be determined which is usually based on the length of the marriage. Spousal support is one of the important concerns that must be addressed during the divorce process. Because of its implications for both spouses, it is useful to understand.