Spousal Support Lawyers at Stange Law Firm

There are several forms of spousal support, which may be awarded depending on the timing and circumstances of the case and vary from state to state:

• Temporary Support: Sometimes called pendente lite support, this type may be awarded while the divorce is still pending. It helps maintain the financial status quo during the proceedings.
• Rehabilitative Support: This is intended to help a lower-earning spouse gain education, training, or work experience to become self-supporting. It is usually time-limited and subject to review.
• Reimbursement Support: Awarded to compensate one spouse for contributions made to the other’s education or career advancement during the marriage (e.g., helping pay for law or medical school).
• Permanent or Long-Term Support: In marriages of long duration, or where a spouse cannot become self-supporting due to age, health, or other reasons, courts may award ongoing support that may last indefinitely, or until a significant change occurs.
• Lump-Sum Support: Instead of ongoing payments, one party may be required to make a one-time payment, either in cash or by transferring property.

Factors Courts Consider

When deciding whether to award spousal support and determining the amount and duration, courts typically look at a wide range of factors. While the exact factors vary by state, common considerations include:

• The length of the marriage
• The financial needs and obligations of each spouse
• The age and health of both parties
• Each spouse’s income and earning capacity
• The standard of living during the marriage
• Contributions made to the marriage, including homemaking or child-rearing
• Any sacrifices one spouse made to support the other’s education or career
• The time needed for the recipient to become financially independent
• The presence of domestic violence or other marital misconduct (in some states)
• The tax implications of support payments

Duration of Spousal Support

The duration of spousal support varies by state and case. In many states, short-term marriages may lead to short-term support, often calculated as a percentage of the marriage’s duration (e.g., one year of support for every three years of marriage). Long-term marriages (often defined as 10 years or longer) may justify longer or even indefinite support, depending on other factors.

Courts may set a review date or allow for modification based on a change in circumstances. Support usually ends if the recipient remarries, either party dies, or upon a court order.

Modification and Termination

Spousal support orders are not always set in stone. If either party experiences a substantial change in circumstances, such as job loss, significant income increase, illness, or retirement, they may petition the court to modify the amount or duration of support.

Support may also be terminated under specific conditions, such as remarriage of the recipient or cohabitation with a new partner in some jurisdictions.

Enforcement of Spousal Support

If the paying spouse fails to make court-ordered payments, the recipient may pursue enforcement through the court. This can involve wage garnishment, liens on property, contempt proceedings, or other legal remedies.

Tax Implications

As of 2019, due to changes under the Tax Cuts and Jobs Act, spousal support is no longer tax-deductible for the payer or considered taxable income for the recipient in most new divorce decrees. However, this change does not apply to orders entered before 2019 unless modified after that date and agreed upon by both parties.

Prenuptial and Postnuptial Agreements

Spousal support provisions can be included in prenuptial or postnuptial agreements. If valid and enforceable, courts typically honor these agreements unless they are unconscionable or were entered into under duress.