Financial support of spouses

Question 1

Spousal support

Answer 1

Also known as spousal maintenance or alimony, spousal support is determined in consideration of various factors, including:

(1) The financial resources of both parties;
(2) The standard of living during the marriage;
(3) The time it will take for the receiving spouse to find employment;
(4) The length of the marriage;
(5) Contributions to the marriage;
(6) The age and health of both parties; and
(7) In some states, marital misconduct.

Question 2

Spousal support: permanent alimony

Answer 2

Permanent alimony is an award for the remainder of the dependent spouse’s life.

Generally, it is only appropriate after long marriages: usually, those lasting at least 15 years.

Question 3

Spousal support: limited-duration alimony

Answer 3

Limited-duration alimony is typically awarded when the marriage was of a short duration, i.e., foreclosing permanent alimony.

Question 4

Spousal support: rehabilitative support

Answer 4

Rehabilitative support is for a limited period time—for example, until the receiving spouse completes education or gains employment.

Question 5

Spousal support: reimbursement alimony

Answer 5

Reimbursement alimony compensates a spouse for financial sacrifices made during the marriage that resulted in a reduced standard of living, made to secure an enhanced standard of living in the future.

For example, a spouse who forgoes education or work to support the other spouse’s pursuit of an advanced degree or professional license may receive reimbursement alimony.

Question 6

Spousal support: modification of support

Answer 6

The party seeking modification of spousal support bears the burden of establishing a significant change in circumstances warranting the modification.

A party’s voluntary reduction in income generally will not reduce support payments.

A court may consider:

(1) New obligations arising for the paying spouse;
(2) Remarriage of the receiving spouse.

Question 7

Support during marriage: family expense statutes

Answer 7

Most jurisdictions have family expense statutes, which impose on spouses a duty to support each other equally.

If a creditor provides a “necessary” item such as medical care to one spouse, the creditor can sue the other spouse for payment if the purchasing spouse does not pay.