Alimony and Spousal Support

Separate Support and Maintenance is a temporary form of financial support paid prior to divorce, generally during the time that the spouses await the one year period of continuous separation or await the final hearing in the existence of marital fault. Alimony, on the other hand, is support paid after divorce.

Factors to Consider

Whether a party is entitled to financial support, the type of support and the amount of support to be be paid, is in the discretion of the family court. In calculating spousal support, the family court should consider the following factors in deciding whether to award spousal support and how much:

• duration of the marriage
• physical and emotional health of the parties
• educational background of the parties
• employment history and earning potential of the parties
• standard of living established during the marriage
• current and reasonably anticipated earnings of the parties
• current and reasonably anticipated expenses of the parties
• marital and nonmarital properties of the parties
• custody of children
• marital misconduct or fault
• tax consequences
• prior support obligations
• other factors the court considers relevant

Because the court has so much leeway in making a support determination, parties need an experienced family court attorney to fight for them and their needs.  We work closely with our clients to ensure proper financial support is sought through temporary support and/or alimony. Contact us today.