One of the most contentious aspects of a divorce is spousal support. Who should pay for it? How much will be awarded? How long do I have to pay my former spouse? These are common questions for couples going through a divorce, especially by the spouse that winds up paying for it. Let’s explore how courts determine spousal support and what you can do if you believe the amount isn’t fair.
Determining Spousal Support
When you meet with your attorney, they will be able to explain to you how courts determine spousal support. They will also inform you of all the documents you need to provide the court for a fair estimation. Here are some of the typical factors that courts consider when calculating this:
- The age and financial condition of both spouses
- The physical and emotional health of both spouses
- The duration of the marriage
- The standard of living for the couple during the marriage
- The amount of time the recipient needs to learn a new skill to find a job
- The ability of the spouse paying support to make payments and sustain themselves
How Long Is It Paid?
Divorce and spousal support go hand-in-hand, which is why it’s always important to meet with a family law attorney during such a difficult time in your life. The length of spousal support is a hot topic during the divorce process. Spousal support is rehabilitative, which means that it lasts until the recipient can support themselves financially. For the most part, the divorce decree will list an end date for payments. If it doesn’t offer a specific date, the payments continue until the court states otherwise.
The Amount Is Unfair
If you believe that the amount of spousal support determined in your divorce is unfair, you must speak to a divorce attorney. An attorney will be able to review your case and find out if you were provided an unreasonable amount by the court. Once the court issues the divorce decree, it can be challenging to appeal, but it’s not entirely impossible. That’s why you should always have a family law attorney by your side from the beginning of the divorce process.
How to Avoid an Unfair Amount
Between 90 and 95 percent of divorce cases settle before reaching court. That’s why you should always negotiate spousal support as part of the divorce agreement. By doing so, you can avoid an unfair amount in court. Negotiations should involve both spouses and the lawyer for each spouse. Discussing crucial issues such as spousal support, child custody, and child support outside of court can help ease a lot of tension.
Filing for Divorce? Call a Family Law Attorney Today
Are you facing a divorce with the possibility of spousal support? You need to enlist the services of an experienced and professional family law attorney to help you navigate the intricacies of divorce. Brian D. Perskin & Associates P.C. features an expert team of attorneys that are knowledgeable in spousal support and can ensure the amount of support is reasonable. Call us today at 877-826-7257 to schedule a free consultation.