Spousal Support

Question 1

Spousal Maintenance: In General

Answer 1

Awarded if one spouse cannot provide for their own needs with employment

Could be INDEFINITE

Question 2

Spousal Maintenance: Incapacity

Answer 2

If a spouse’s physical or mental incapacity makes them unable to be self-supporting, then court may award support

Court not required to award maintenance

Question 3

Spousal Maintenance: Rehabilitation

Answer 3

Court considers:

(1) Educational level of each spouse;
(2) Homemaking or childcare responsibilities;
(3) Earning capacity of each spouse; and
(4) Time/expense needed to train for employment

Awarded for UP TO 3 YEARS

Question 4

Modification of Support

Answer 4

Modifiable by either spouse upon a showing:

(1) SUBSTANTIAL AND CONTINUING CHANGE in circumstances; or
(2) Amount due differs by MORE THAN 20% from what would have been ordered under the child-support guidelines, and that order has been in place for at least 12 months

Question 5

Termination of Spousal Support

Answer 5

Generally occurs upon:

(1) DEATH of spouse

(2) REMARRIAGE of the receiving spouse, but only if the court finds that the finances of the
receiving spouse change substantially

(3) COHABITATION of the receiving spouse, but only after the court determines need for
support has been reduced

Question 6

Necessaries Doctrine

Answer 6

Requires spouses to support one another financially during the marriage

Spouse who incurs debt = primarily liable

Other spouse = secondarily liable

Question 7

Spousal Maintenance Agreements

Answer 7

Generally upheld by the court if agreed to by the parties, even if the court would not have ordered such support

Question 8

Tax Consequences

Answer 8

Support taxed as ORDINARY INCOME to recipient

DEDUCTIBLE for payor

Question 9

Personal Jurisdiction

Answer 9

To exercise its full equity powers (e.g., determining support and property division issues) the court must have personal jurisdiction over the defendant spouse