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Spousal Support
Spousal support, also known as alimony, is a legal obligation requiring one spouse to provide financial assistance to the other spouse before or after marital separation or divorce. Its primary purpose is to mitigate any unfair economic consequences of divorce by ensuring that a non-wage-earning or lower-wage-earning spouse continues to receive income.
Spousal support can be ordered by a court during divorce, legal separation, or related proceedings. There are generally two types:
- Temporary spousal support: Payments ordered before the final resolution of the case to help cover immediate expenses.
- Long-term (or permanent) spousal support: Payments ordered at the conclusion of the case, which may continue for a specified period or indefinitely depending on circumstances.
Courts consider various factors when determining spousal support, including:
- The financial need of the recipient spouse
- The paying spouse’s ability to pay
- Length of the marriage
- Standard of living during the marriage
- Age and health of both spouses
- Fault may be considered in some jurisdictions.
Spousal support is distinct from child support and is intended to cover the recipient spouse’s living expenses and sustenance. It is typically modifiable based on changes in circumstances and is taxable income for the recipient while deductible for the payer under U.S. tax law.
In summary, spousal support is a court-ordered financial payment designed to provide economic fairness and support to a spouse who may be financially disadvantaged after separation or divorce.