Understanding Spousal Support: What’s Fair and What’s Not.

Spousal support, also known as alimony, is often one of the most contested aspects of a divorce. The concept can feel subjective and, at times, overwhelming to navigate.

However, understanding the purpose and principles behind spousal support can help ensure a fair outcome for both parties. Here’s what you need to know:

What Is Spousal Support?

Spousal support is a financial payment made by one spouse to the other after a divorce. Its primary purpose is to provide financial stability to the lower-earning or non-earning spouse, allowing them time to become self-sufficient. Courts aim to balance economic disparities that arise from the end of a marriage.

Key Factors in Determining Spousal Support

Courts consider a variety of factors when determining whether spousal support is appropriate and, if so, how much and for how long. These factors typically include:

1. Length of the Marriage

   • Longer marriages are more likely to result in spousal support, often for extended periods, especially if one spouse was financially dependent.

2. Income and Earning Capacity

   • The court evaluates each spouse’s current income and potential earning ability. This includes considerations such as education, job skills, and work history.

3. Standard of Living

   • The goal is to help both spouses maintain a lifestyle reasonably similar to what they experienced during the marriage, though this isn’t always feasible.

4. Contributions to the Marriage

   • Non-monetary contributions, such as homemaking or supporting the other spouse’s career, are taken into account.

5. Health and Age

   • The physical and mental health of both spouses can influence the duration and amount of support awarded.

6. Financial Needs and Obligations

   • Courts consider the financial obligations each spouse will face post-divorce, including child support, housing, and debt.

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What’s Fair?

Fairness in spousal support is subjective and varies depending on individual circumstances. However, fairness often hinges on the following principles:

• Equity Over Equality: Spousal support isn’t about splitting income 50/50 but ensuring both parties can achieve financial stability.

• Temporary vs. Permanent Support: Most spousal support is temporary, giving the recipient time to rebuild their financial independence. Permanent support is rare and typically reserved for long-term marriages or situations involving significant financial disparity.

• Mutual Responsibility: Both spouses are expected to take reasonable steps to support themselves post-divorce.

What’s Not Fair?

While fairness is subjective, certain scenarios can feel inequitable, such as:

• Unrealistic Expectations: Expecting indefinite support without effort toward financial independence is often viewed as unfair.

• Hiding Assets: Attempting to manipulate the support calculation by hiding income or assets undermines the process.

• Disregarding Agreements: Refusing to honor agreed-upon or court-ordered spousal support can lead to legal complications and additional costs.

How to Approach Spousal Support

1. Gather Financial Information: Transparency about income, expenses, assets, and debts is critical for fair negotiations.

2. Consult Professionals: Work with a mediator or Certified Divorce Financial Analyst (CDFA®) to evaluate support options and their implications.

3. Consider Mediation: Avoid costly litigation by negotiating spousal support terms in a neutral, collaborative environment.

4. Plan for the Future: Both parties should create realistic post-divorce budgets to ensure the support arrangement works long-term.

Conclusion

Spousal support is about creating a financial bridge to help both parties transition to their post-divorce lives. By understanding what’s fair and what’s not, and by approaching the process with honesty and clarity, you can reach an outcome that respects the needs of both spouses. If you’re navigating spousal support, FAREWELL is here to provide guidance and support throughout your divorce journey.