Search Site
Find us on Google Maps
Search Site
Find us on Google Maps

Due to precautions related to COVID-19, we have expanded our options for remote consultations. Please contact our office to discuss whether a full phone consultation or video conference is appropriate for your situation.

Local: 907-272-2203 // Toll Free: 800-481-7140

What you should know about spousal support

On Behalf of | Sep 7, 2021 | Family Law |

Not every divorce involves an order to pay spousal support. There is a common misconception that spouses should have the same resources and standard of living that they shared over the course of a marriage.

Courts do not generally require people paying support to give half of their income to a former spouse. Here are a few important things to know regarding how courts make determinations about support.

Resources are a key factor

The respective assets and income of the parties to divorce proceedings will influence rulings. For this reason, courts typically divide marital property before issuing a final order about ongoing spousal support payments. However, a court may enter an interim order for support before a divorce decree is final.

An order may intend for support to be a bridge to financial independence

Courts will often consider how long it will take for a spouse to enhance his or her earning capacity or find new employment. In this sense, support may not be an indefinite means of support but rather a temporary form of assistance until someone can support themselves stably.

Filing for fault-based divorce will probably not make a support order higher

For the most part, fault does not affect the amount or duration of a spousal support award. The only type of alleged wrongdoing that is likely to bear heavily on a court’s evaluation is financial misconduct.

It may be helpful for divorcing spouses to reach a mutual agreement about support. An agreement can include reasonable stipulations about events that would merit an adjustment to payment amounts or terminate an obligation to pay support.


Contact Dorothea G. Aguero, Attorney at Law, P.C.