Spousal Support

Spousal support, also known as alimony, is an amount that one spouse is ordered to pay another spouse in a divorce or separation. Unlike with child support, the law does not recognize a legal obligation for one spouse to support another, and spousal support is not awarded in every divorce.   Also, whereas child support lasts until a minor child reaches the age of legal majority, spousal support is not intended to last.   Rather, the intention is that both spouses become self-supporting, and spousal support is only to be maintained as long as necessary.   A spousal support order may have a definite ending date, or it may be terminated on the death or remarriage of the spouse receiving support.

Factors Courts Consider

There is no precise guideline or formula for calculating spousal support like there is with child support.   The court looks at a variety of factors, including:

  • The length of the marriage
  • The age and health of the respective spouses
  • The earning capacity of each spouse
  • The needs of each person
  • Expenses related to custody of the children

Sometimes, the needs of the children may prevent the parent with primary custody from working.   Also, one spouse may have paid for the education of the other spouse, or may have stayed home to raise the children and is therefore not readily employable in the workforce.   All of these factors are taken into consideration by the court in determining whether to order spousal support, and, if so, how much to order.

Spousal Support Issues Require Experienced Legal Counsel

Spousal support can be a complex legal issue, and often include tax implications for the payor and receiver.   If you are concerned whether spousal support would be ordered in your instance,   how much it could be and how long it may last, and how it would affect your taxes, contact the family law attorneys at the Los Angeles office of Rombro & Associates for a confidential consultation.