Spousal Support Laws
SPOUSAL SUPPORT
The standards through which spousal support is determined
Numerous variables affect spousal maintenance, including the following:
- How long the marriage has lasted
- Each spouse’s earnings and potential for employment
- Each spouse’s age and state of health
- The requirements of any dependent child
- The lifestyle throughout the marriage
- Any spouse’s marital misbehavior
Frequently Asked Questions:
- How is spousal maintenance calculated?
There is no general formula for calculating spousal maintenance. In most cases, courts consider all of the above factors and make decisions based on what they consider fair. Yet, you can estimate spousal support using a few broad recommendations from the Law Offices of SRIS, P.C.
A standard method is to use each spouse’s “Modified Adjusted Gross Income” (MAGI). MAGI is a measure of an individual’s income after certain deductions, such as
Pension Premiums and Medical Expenses. The court then looks at the MAGI difference between the two spouses and uses that figure to determine the amount of spousal maintenance.
Another way is to use the “married standard of living.” This is the income and expenses the spouses are free to spend during the marriage. The court then determines how well the poor spouse can maintain living standards after divorce.
- What is spousal support?
After a divorce or separation, one spouse should pay the other spouse spousal maintenance, sometimes called alimony. It is meant to support the lower-earning spouse’s lifestyle following the divorce. Indefinitely or for a predetermined length of time, spousal maintenance may be granted.
- How do I request spousal maintenance?
You must submit a petition to the court to ask for spousal maintenance. Information regarding your marriage, your income and spending, and your requirement for spousal support should all be included in the petition.
After a hearing, the court will decide if spousal maintenance should be granted and, if so, how much and for how long.
- When does spousal maintenance end?
There are several ways that spousal assistance may stop. The court may terminate it or set a particular period of time for its expiration if the spouse with the lower income starts to support themselves.
If the spouse with the higher income passes away or remarries, spousal maintenance may also be discontinued.
The various forms of spousal maintenance
Spousal maintenance comes in two primary flavors: temporary and permanent. Temporary spousal maintenance is given for a brief period of time, usually while the divorce is in progress or until the spouse with the lower income can support themselves on their own.
The duration of permanent support is indefinite, or it lasts until either spouse’s passing.
Taxes and Spousal maintenance
Spousal maintenance is seen as a deduction for the payer and an income for the receiver. As a result, the payer and the recipient of spousal maintenance will be required to pay taxes on their respective incomes for the spousal maintenance they receive.
Support for the spouse and bankruptcy
In most cases, spousal maintenance is not dischargeable in bankruptcy. Because of this, even if you declare bankruptcy, you will still be liable for any spousal maintenance already granted. Yet, there are a few exceptions to this generalization.
For instance, you might get the spousal maintenance order dismissed if you can demonstrate that the order is unreasonable or if your ex-spouse has remarried.
Support for a spouse can be a complex and sensitive subject. It’s critical to comprehend your options and rights if you’re applying for or receiving spousal assistance. A lawyer from the Law Offices of SRIS, P.C., can assist you with the court procedure and make sure you are treated fairly.