Practice Areas

Spousal Support

Alimony, or spousal support, is often one of the most contentious topics in a divorce proceeding. This is in part due to common misconceptions about what it entails and who is entitled to it fueling unnecessary and drawn-out legal battles. In truth, spousal support is not guaranteed in any divorce. There are a variety of factors that are used to determine whether spousal support is necessary and in what amount. Moreover, these factors can change depending on what court the divorce is filed with.

Generally, there are three forms of spousal support that a court may award:

1. Periodic payments for a defined duration (e.g., a husband pays his wife X amount of dollars per month over nine years)
2. Periodic payments for an undefined duration (e.g., a wife pays her husband X amount of dollars until the award is modified or terminated by a future court order)
3. Lump sum award (e.g., a husband pays his wife X amount of dollars as lump sum spousal support within X months of the date of divorce)

It is also possible for the court to combine the three forms listed above as alternative approaches (e.g., a wife is ordered to pay X amount of dollars in a lump sum within three years of the date of divorce and is also required to periodically pay X amount of dollars for the first two years following the divorce).

In cases where spousal support is found to be appropriate, the court will consider the following factors to determine the exact amount:

1. The obligations, needs and financial resources of the parties, including but not limited to income from all pension, profit sharing or retirement plans, of whatever nature;
2. The standard of living established during the marriage;
3. The duration of the marriage;
4. The age and physical and mental condition of the parties and any special circumstances of the family;
5. The extent to which the age, physical or mental condition or special circumstances of any child of the parties would make it appropriate that a party not seek employment outside of the home;
6. The contributions, monetary and nonmonetary, of each party to the well-being of the family;
7. The property interests of the parties, both real and personal, tangible and intangible;
8. The provisions made with regard to the marital property under § 20-107.3;
9. The earning capacity, including the skills, education and training of the parties and the present employment opportunities for persons possessing such earning capacity;
10. The opportunity for, ability of, and the time and costs involved for a party to acquire the appropriate education, training and employment to obtain the skills needed to enhance his or her earning ability;
11. The decisions regarding employment, career, economics, education and parenting arrangements made by the parties during the marriage and their effect on present and future earning potential, including the length of time one or both of the parties have been absent from the job market;
12. The extent to which either party has contributed to the attainment of education, training, career position or profession of the other party; and
13. Such other factors, including the tax consequences to each party, as are necessary to consider the equities between the parties.

Understanding and navigating these factors can quickly become complex. However, our office is here to support you through the process as you work towards a spousal support award that is right for you. Schedule a consultation with our office today to further explore your options.