Spousal Support Flashcards
Spousal support is
The obligation of the spouse with greater monetary funds to support the other spouse
Spousal support is a-viable
1) voidable marriage
2) Judical seperation
3) Absolute divorce
once you are dead
you do not have to pay support
Spousal support must be paid from
The spouse’s post separation income
Factors for Spousal support award
1) Needs of party’s
2) standard of living established during marriage
3) age of both parties
4) who is taking care of children
5) Fault of parties
Adultery
No spousal support may be given to a party who committed adultery unless that would be a manifest injustice
even if it was not the grounds for divorce
Manifest injustice= economic circumstances
Modifications of spousal support
for Material changes and circumstances not reasonably contemplated by the parties
are only forward looking
Termination of spousal support
Terminates upon marriage of other party or
clear of cohabitation in a marriage like relationship for a year or more