Temporary spousal support/alimony may be granted from the date of the marital separation until the couple negotiates a final property settlement and support agreement, or until the court rules on permanent support in a contested divorce.

Permanent spousal support, where appropriate, normally commences when husband and wife sign a Separation/Property Settlement Agreement, or just before entry of the Final Decree of Divorce, depending on whether the parties reach settlement or litigation is necessary.

Permanent spousal support may be ordered payable in:

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

Permanent spousal support, however, terminates upon the death of either spouse, or the remarriage of the spouse receiving support, or (with limited exceptions) if the recipient spouse has habitually cohabited with a third party in a situation analogous to remarriage for more than one year, unless otherwise agreed by both parties in writing.

Permanent spousal support may not be awarded if the divorce based on the adultery of the party to receive support unless the court determines from clear and convincing evidence that the denial of support would constitute a “manifest injustice.”

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

• 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 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 non-monetary contributions to the well-being of the family
• The spouse’s 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

Each of the attorneys in the law firm of Shoun, Bach, Walinsky & Curran, P.C., has negotiated or litigated scores, if not hundreds, of cases involving spousal support, and are available to meet with you on an immediate basis to discuss your own situation and needs.