Divorce Solutions^SM

   Overview
   Custody
   Child Support
   Spousal Support
      How Long
      How Much
      Taxes
      Life Insurance
      Health Insurance
      Termination
   Property Division
   Post-Divorce

SPOUSAL SUPPORT

Spousal support orders are either temporary (called pendente lite) or permanent. Usually, if spousal support is an issue, a judge will make a temporary order until there is an opportunity to determine permanent spousal support. Unless otherwise agreed in writing, spousal support automatically ends on remarriage of the supported spouse or the death of either spouse.

If the court retains jurisdiction (the power to make an order), then even if support has been ordered to end on a certain date, if a motion is made before the time expires, the court has the power to extend the term on a showing of need.

In marriages of 10 years or more, considered "long" marriages, the court must retain jurisdiction over spousal support indefinitely unless the parties agree otherwise in writing. Depending on circumstances, shorter marriages can be considered to be "long" marriages. A rule of thumb (and only a rule of thumb) is that for marriages of medium to lengthy duration, courts will tend to award support for about half the duration of the marriage.

Spousal support guidelines computed by software programs used by the courts are advisory only.

In deciding the amount and duration of permanent spousal support, a judge is required to consider ten statutory factors including:

• The extent to which the earning capacity of each spouse is sufficient to maintain the standard of living established during the marriage, taking into account all of the following:
• The marketable skills of the supported spouse and the job market for those skills; the time and expenses required for the supported party to acquire the appropriate education or training to develop those skills; and the possible need for retraining or education to acquire other, more marketable skills or employment.
• How much the supported spouses earning capacity was impaired by unemployment during the marriage due to time devoted to domestic duties.
• The extent to which the supported spouse contributed to education, training, a career position or a license for the other spouse.
• The ability to pay of the supporting spouse.
• The needs of each party based on the standard of living established during the marriage.
• The obligations and assets, including the separate property of each.
• The duration of the marriage.
• The ability of the supported spouse to engage in gainful employment without interfering with the interests of the children in the custody of the spouse.
• The age and health of the parties.
• The immediate and specific tax consequences to each party.
• Any other factors which it deems just and equitable.

Spousal support is tax deductible to the payer and includable as unearned income by the recipient. Another option is for the payer to pay Family Support. However, the tax rules for Family Support can be tricky. Check with your appropriate tax professional.

Life insurance on the life of the payer, at least for the term of support, should be considered as protection for the recipients. This is especially important when the supported spouse keeps the home and the home mortgage; if the payer dies, the supported spouse will get stuck with the mortgage and no support.

Be sure to consider health insurance needs before the divorce is final. Check with plan for rights under COBRA or check rates of other plans well in advance of the dissolution.

Unless the right to spousal support is terminated so that the court does not retain jurisdiction of the matter, there is always the possibility that a spouse can come back to court later to ask for support.

To forever end all right to spousal support, it must be waived in open court or in a correctly worded written agreement.