If you are about to move forward with a divorce, one of the issues you and your soon-to-be ex-spouse will face during proceedings is spousal support, or alimony, which is a type of financial support your ex might be awarded as part of the divorce settlement. There is more than one type of spousal support and the one you or your ex receives will depend on your specific circumstances. It is also possible for a former spouse to receive more than one type of spousal support at the same time. Continue reading to learn more about the types of spousal support that exist.
Divorcing spouses do not have to wait for their case to reach a resolution or for the dust to settle in order to work out spousal support arrangements. It is actually one of the first things addressed once a couple separates, so the lower-earning spouse is supported while the divorce is in progress. If you and your spouse end up working out the details of temporary spousal support yourselves, be sure to make a written agreement. Payments are only tax deductible if a signed agreement exists.
Short-Term or Rehabilitative Support
In cases where the marriage itself was short-lived, a judge will likely order short-term support, which generally only lasts a few years and ends on a pre-determined date set in the court order. Rehabilitative support is a form of short-term support that is intended to help a dependent spouse get back into the workforce and become self-sufficient. The date for rehabilitative support is usually not set in advance since it is dependent upon when the recipient completes a retraining program and is receives employment. However, the recipient must diligently pursue the training or course work and search for employment.
If the payer suspects the recipient is not trying to complete education or training, he or she can ask the court to reduce the amount or set a termination date. To successfully request this modification, the former spouse would need to provide proof that the recipient is not putting much effort into joining the workforce.
Long-Term or Permanent Support
For marriages that last longer than ten years, permanent support might be granted if a judge comes to the conclusion that the dependent spouse will not be able to re-enter the workforce and will be in need of indefinite support. Some states do not allow permanent support.
Despite its name, permanent support does not last forever. It can end when the recipient remarries and, of course, when the recipient or payer dies.
Reimbursement support is unlike the others previously discussed since it is not wholly based on financial need. It is essentially a form of compensation for a spouse who might have sacrificed education, training, or career advancement during the marriage for the benefit of the other spouse who was able to receive training and pursue a lucrative career. If the marriage comes to an end before the other spouse gets any benefit from his or her sacrifice, reimbursement support would rebalance the scales. This type of support would end whenever the agreement or court order determines it should and is not usually tied to any specific events.
Louisville Alimony Attorneys
The subject of alimony or spousal support is often quite contentious and confusing at times. At Louis P. Winner, our Louisville legal team offers representation for couples facing divorce and are equipped with the knowledge and experience to answer your toughest questions and help you achieve the results you need. Whether you are seeking maintenance or trying to avoid paying maintenance to your former spouse, our attorneys are here to advise you. We have over 15 years of experience and are ready to help you achieve results.
Get started today and call us at (502) 812-1889 to schedule a consultation to learn more about alimony, divorce, and your rights.