Spousal Support, Post-Separation Support, and Alimony
Find out how spousal support will impact you.
Our attorneys have extensive experience negotiating alimony awards and successfully litigating spousal support, post-separation support, and alimony in court to obtain financial stability for our clients.
How Your Estate Will Be Divided
Alimony, or spousal support, is often one of the most contentious and confusing parts of a divorce. At Passenant & Shearin Law, we understand the financial worry and uncertainty that comes with divorce, and we are here to provide answers to your questions and guide you through the process.
Post-separation support addresses a spouse’s immediate needs or maintains the status quo until a determination is made about alimony. It is usually based on the parties’ needs and expenses and the paying spouse’s ability to pay.
Alimony is typically longer in duration than post-separation support. Still, there is no calculator or formula to determine how much alimony is paid or how long it will be paid.
When awarding post-separation support or alimony, a court also has to determine that one spouse is a “supporting spouse” and one is a “dependent spouse.” These are legal terms with specific definitions set out in the statutes.
Alimony: How Much and How Long?
A court will look at sixteen various factors that are set out in state law when deciding the amount of alimony and how long it will last:
Marital misconduct
The earning capacity of each spouse
The age and mental, physical, and emotional condition of each spouse
Sources of income for each spouse
The duration of the marriage
Whether one spouse contributed to the education or earning power of the other
How custody of the children affects a spouse’s earning capacity
The standard of living during the marriage
The education level of each spouse and the ability of a spouse to train for employment that will meet his or her basic needs
The assets and debt obligations of each spouse
The property each spouse brought to the marriage
A spouse’s contributions as a homemaker
The needs of a spouse
The tax consequences of an alimony award
The division of property in the Divorce
Any other economic circumstance of the parties that the court deems relevant