Spousal Support

Temporary spousal support (also referred to as "alimony" or "maintenance") may be granted from the date of marital separation until the couple negotiates a final support settlement agreement, or until the court rules on permanent support in a contested divorce

Permanent spousal support may be ordered payable in:

• Periodic payments for a limited duration
• Periodic payments for an undefined duration
• A lump sum
• Any combination of these.

Permanent spousal support, however, terminates upon the death of either spouse, or the remarriage of the spouse receiving support, unless agreed otherwise by both parties in writing.

Spousal support may, in the court's discretion, be granted even if the person requesting support was found to be at fault in causing the breakup of the marriage, although in the case of adultery that discretion is limited.

After a court decides that a spouse should be awarded spousal support, it will determine the amount based on a number of factors:

• Each spouse's obligations, needs and financial resources, including, but not limited to, income from all pension, profit-sharing or retirement plans, of whatever nature
• The standard of living established during the marriage
• The duration of the marriage
• The spouses' ages and physical and mental conditions, and any special circumstances of the family
• The extent to which the age, physical or mental condition or special circumstances of any child would make it appropriate that a spouse not seek employment outside of the home
• Each person's monetary and nonmonetary contributions to the well-being of the family
• The spouses' property interests, both real and personal, tangible and intangible
• The provisions made with regard to division of marital property
• Both spouses' earning capacities, including their skills, education and training, and the present employment opportunities for persons possessing such earning capacity
• The opportunity for, ability of, and the time and costs involved for a spouse to acquire the appropriate education, training and employment to obtain the skills needed to enhance his or her earning ability
• The decisions regarding employment, career, economics, education and parenting arrangements made by the couple during the marriage, and their effect on present and future earning potential, including the length of time one or both of the spouses have been absent from the job market
• The extent to which either spouse has contributed to the attainment of education, training, career position, or profession of the other party
• Other factors, including tax consequences, as are necessary to consider the equities between the spouses