Spousal Support Guidelines
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Spousal Support Guidelines

Every state has their own spousal support guidelines that are put to bear on divorce cases on a case-by-case basis. Usually, the judge that is over the family court makes the ultimate decision.

The guidelines are used to make a determination about the amount of spousal support, if any that should be awarded after a divorce, as well as anything that might have to do with the amount and length of support, and other matters that are legal in nature that have to do with spousal support.

Alimony, or spousal maintenance at it is sometimes called, is when one spouse makes monetary payments to another spouse with a lower income after they are divorced.

Each state has its own guidelines that state which circumstances allow for spousal support, and the things that can alter the amount and length at which alimony is received.

Financial support is not a right to a spouse with a lower income, but instead a privilege, that the judge might decide to grant to an ex spouse for many different reasons. Some of the reasons in which spousal support might be right are:

  • To keep child support going
  • To stop the spouse who is dependant from having to require public assistance
  • To give the spouse compensation for things done during the marriage, like keeping up the home
  • To pay back one spouse for supporting another while they furthered their careers or education

Each guideline is different between states, and some of the factors that come into play are:

  • How long the marriage lasted
  • How old and in what health the partners are in at the time of the divorce
  • Each partner's amount of income, and how much they can earn potentially
  • Homemaking and other services done during the marriage
  • Any compensation deemed necessary for spousal sacrifices made during the marriage
  • Other factors as determined by individual states

Some states also follow the guidelines that state that if one spouse is unfaithful, or some various other wrong is done during the marriage, they may not be able to get alimony. This will be dependent on which state the individuals reside in at the time of the divorce.

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There is also temporary support that can be granted to spouses at the discretion of the family court judge.

Rehabilitative maintenance is general alimony that is only temporary, although it can be made permanent if the ex spouse has no way in which to support themselves, and the marriage had went on for a number of years.

An example of this would be if a woman was over 60 years old, and had been supported her whole life by her husband, she wouldn't have the necessary skills to support herself after the divorce.

Since there are many different factors that may apply to individual divorce cases regarding spousal support guidelines, further information is needed to know the exact guidelines for your case.

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