Spousal Support

Question 1

Define spousal support.

Answer 1

The obligation of one spouse to provide economic support or stream of income to the other spouse. It can vary in length and duration.

Question 2

What factors are used in determining spousal support?

Answer 2

1) Financial resources (assets, earning capacity)
2) Standard of living
3) Length of marriage
4) Time to reintegrate into the work force
5) Age
6) Physical and mental health
7) Fault/marital misconduct
8) Needs
9) Earnings and earning potential

Question 3

What are the types of support?

Answer 3

Lump sum
Permanent alimony
Limited duration
Rehabilitative Support
Temporary maintenance 
Reimbursement support

Question 4

Is spousal support taxable?

Answer 4

Yes

Question 5

What is required for a modification of spousal support?

Answer 5

The party seeking modification has the burden of showing substantial change in circumstances warranting a modification.

Question 6

Are voluntary changes in circumstances grounds for modification of spousal support?

Answer 6

No.

Question 7

What factors are considered in a modification of spousal support?

Answer 7

1) DEATH
2) Remarriage
3) Cohabitation, or de facto marriage
4) Retirement

Question 8

What does a court need to grant spousal support?

Answer 8

Both personal jurisdiction and subject matter jurisdiction

Question 9

What is the doctrine of divisible divorce?

Answer 9

A court may have sufficient jurisdiction to grant a divorce, but lack jurisidiction with regards to other divorce related matters such as child support, equitable distribution, alimony, etc.

Question 10

What if a party seeking a divorce is indigent?

Answer 10

The state must provide the parties access to the courts without paying fees