Spousal support is divided into temporary and permanent support. These terms can be a bit misleading, since what the law means is pre-judgment and post-judgment support. Put another way, you may be entitled to receive or obligated to pay support during the course of your dissolution proceedings as well as after the divorce is finalized.
Temporary support is calculated with the same program used for calculating child support, and it is based on both parties’ incomes. As with child support, accurate imputation of each party’s income is essential to calculating proper temporary spousal support. Temporary support can last until the parties enter into a final judgment of dissolution.
Permanent spousal support is governed by completely separate rules. The length of your marriage is one of the major factors in determining the length of spousal support. Long term marriages lasting over 10 years are governed by different standards than short term marriages of under 10 years. Spousal support is also dependent on many other factors, including the marital standard of living, the age and health of the parties, and each person’s earning capacity. There is no automatic calculation of permanent spousal support.
Understanding the nature and consequences of spousal support is vital to making informed decisions and requests. We can educate you in this area and help you reach the best financial solution possible. We invite you to contact us directly to discuss your case.