Spousal Support Flashcards
When may spousal support be awarded?
while the parties are married, during the pendency of a divorce proceeding, and/or as part of the divorce decree.
Is marital fault a consideration?
Some states do consider this so it is worth mentioning in an essay.
Does the court have discretion in determining the amount of spousal support?
Yes, as necessary for the maintenance of the other spouse.
What are the factors included in determining the amount of child support?
1) duration of marriage and standard of living
2) the age, physical and emotional conditions of the parties
3) the financial resources of the parties
4) the contribution of each party to the marriage
5) the time needed for the party seeking support to obtain the training necessary to find appropriate employment
6) the ability of the payor spouse to meet his needs while paying spousal support.
What are the types of spousal support?
1) permanent periodic spousal support
2) rehabilitative spousal support
3) reimbursement spousal support
What is permanent spousal support?
paid regularly to support a spouse who has neither the resources nor the ability to be self-sustaining
What is rehabilitative spousal support?
periodic payments for a limited time to enable a spouse to gain skills to become self-supporting
What is lump sum spousal support?
nonmodifiable fixed amount payable at once or through time
What is reimbursement spousal support?
a fixed sum, which is neither modifiable nor terminable and is based on the amount of the supporting spouse’s contribution, not the value of the professional license or degree.
When does spousal support terminate?
death or remarriage, unless its lump sum
What are the tax consequences of spousal support?
it is not deductible for the payor nor income for the recipient. unless they were executed before 2019 and not modified to follow the current law.
