Spousal support has been around for a very long time. Some might imagine that there is little to no need for spousal support when divorcing these days, what with both spouses often working and contributing equally to the financial situation. Read on to find out why spousal support is still used and how today's support differs from the old days.
When is Spousal Support Used?
Just because more women are working outside the home is no reason to assume that spousal support is no longer needed. Whether you are referring to the husband or the wife, spousal support may be needed regardless of the sex of the spouse. When inequality in income as a result of a separation or divorce is determined by the court, support may be ordered. While not all who divorce need support, those who do exhibit the following characteristics:
- A spouse who is unable to find employment due to lack of training or experience.
- A spouse with medical conditions, mental health issues, or that is elderly.
- A spouse who would be earning more income if they had not supported the other spouse while they attended college and had a career.
- A spouse who would in a better financial situation had they not stayed home to care for the children of the marriage.
Fault is Not Usually an Issue
In the past, fault played a part in the awarding of spousal support. If your spouse cheated on you, then you often were looked upon as a victim who deserved some monetary compensation. No-fault divorce is now available in all states, though some states allow fault to be used to determine spousal support, and debt and property divisions.
New Ways to Award Spousal Support
Lastly, the way spousal support is awarded has segued into three types: temporary, rehabilitative, and permanent. Temporary support may be ordered to span the time between separation and divorce. This is particularly important when a divorce is contentious and may take many months to become final. Rehabilitative support is often ordered with the goal of the receiving spouse attaining education or a job. Rather than attaching an end-date, rehabilitative support may end with college graduation or other milestone. Permanent support may be ordered for older spouses or those in poor health. This population may have little to no opportunities to support themselves.
If you are separated from your spouse and can show a need for help, speak to your divorce lawyer about spousal support.
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