Most states define spousal support as remunerations given to one spouse by the other. It is also referred to as “spousal support” or “alimony.” While a divorce is in progress, spousal support awards may be made temporarily, or they may be made permanent and incorporated into the divorce judgment. (Find more on qualifying for alimony in Maryland)
The purpose of alimony payments is to distribute a couple’s financial assets evenly. A judge will determine if one spouse has a proven financial need and whether the other can make the required payments.
Alimony is frequently awarded in a long-term marriage, and unequal earning power between the spouses. This page includes a summary of what you should know about spousal support payments if you are divorcing and want to learn more about them.
How Alimony Eligibility is Determined
Divorced spouses are not automatically entitled to alimony under the federal Divorce Act. They must apply for divorce within two years of filing for divorce. However, laws govern common-law couples in each province and territory. For instance, when a common-law couple separates in Quebec, they are not eligible for alimony.
Either spouse can ask for assistance at any time. When evaluating entitlement, judges must take into account several considerations, including:
- How long the couple had been dating, if they had children together, and who looked after them.
- Every partner’s earnings
- Age of each partner
- The roles played by each spouse during the marriage
- The physical and mental well-being of each partner
- Each partner’s capacity to provide for themselves
If there is a significant disparity in the couples’ post-divorce salaries, alimony is most likely to be paid. Additionally, judges frequently impose higher alimony payments in lengthier marriages.
Furthermore, a spouse’s obligation to financially support the other spouse after a divorce is unaffected by the reasons why the marriage ended. Alimony is not meant to reward or punish one spouse for doing badly toward the other.
Alimony Duration
The duration of alimony settlements is limited. This period is typically determined by how long the couple was together before their divorce. For every year of marriage, alimony payments typically last six months to a year. However, spousal support might not end if the pair were married for a long time.
Alimony is a perplexing and challenging area of family law. As a result, it is best to get the advice of an experienced attorney to evaluate your rights and obligations.
Child support versus Alimony
Child support and alimony should not be confused. While child support is paid to a child’s custodian and is intended to sustain one or more children from a broken relationship or marriage, alimony payments are made to a spouse or former spouse for their upkeep. Child support often ends when a kid reaches the age of 18.
You should know that alimony and child support obligations cannot be canceled in bankruptcy.
It may be helpful to get in touch with a local family lawyer to discuss your options if you are currently receiving spousal support or believe you may be eligible. You can receive guidance, assistance, and representation for your claim from your lawyer.
