Spousal Support Lawyers at Stange Law Firm

What Is Spousal Support (also known as Maintenance or Alimony)?

In many divorce proceedings, spousal support is a major focal point. This is particularly true when one spouse has been a stay-at-home parent and has not worked in recent years. While some states may have no set guidelines or requirements for spousal support, that doesn’t mean that spouses are not entitled to seek it. It only means that a compelling case may need to be made no matter what side you are on in a maintenance case.

Be sure that you have an experienced lawyer on your side who understands the law and will fight to protect your interests. At Stange Law Firm, PC, we represent clients in all types of spousal support matters. No matter which side of the case you are on, we are committed to doing everything in our power to secure the most favorable possible result on your behalf.

Types of Spousal Support

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.

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Helpful Information On Child Support Matters

On our webpage, we also have pages on various other topics involving support that might be helpful to you, including the pages below and those on our menu:
Missouri child support calculator
If you are looking for a child support estimate in Missouri, we have a sample Form 14 on our webpage that can help give you a general idea in terms of child support numbers for your case.
Illinois child support calculator
If you are interested in obtaining a child support estimate in Illinois, on our webpage, we have a sample Illinois child support calculator. This might be helpful in terms of giving you a general idea of child support in your case.
Kansas child support chart
If you are interested in obtaining a child support estimate in Kansas, we have a simple chart on our webpage. This might be helpful in giving an approximation.
Oklahoma child support chart
If you are interested in obtaining a child support estimate in Oklahoma, we have a simple chart on our webpage. This might be helpful in giving an approximation.
Informational support videos
We have information child support videos from some live seminars that we have hosted on our webpage that you can view.
Child support emancipation
If you are interested in know how child support emancipation works, we have information on our webpage that you can view.
College education and child support
The cost of college and university education can be an important component of child support in divorce and custody cases. Our lawyers can assist if the cost of education is an issue in your case.
Modification of child support
In some cases, the court has issued a child support order. After the passage of time, it might be important to seek a modification where there have been changed circumstances of a substantial and continuing basis. You can discuss this with our lawyers if you think a modification might be appropriate in your case.
Modification of spousal support (alimony/maintenance)
Spousal maintenance can be ordered at the conclusion of a divorce. In some cases, the parties might need to seek a modification and/or termination of a maintenance order. Our lawyers can assist in many instances.
Daycare and child support
In divorce and custody cases where there are young children, the cost of daycare or childcare can be an important issue. Our lawyers can help you work through these issues.
Dependency exemptions
The dependency exemptions can be important for many divorcing parties or unmarried couples. Our lawyers can represent you in these circumstances.
Division of Child Support Enforcement
Many child support matters end up being addressed through state administrative agencies. Our lawyers can help represent you before state child support agencies.
Wage withholding orders and garnishments
In some cases, child support can be paid either through a wage withholding order or garnishment. Our lawyers can help you navigate the process.
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If you looking to find and hire a family lawyer, contact us online or by phone to schedule a confidential consultation at any of our convenient locations by calling 855-805-0595.

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Prenuptial Agreements Line by Line

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Strategies For Family Law Illinois

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Strategies For Military Family Law

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