Temporary Spousal Support
During the pendency of a dissolution (divorce) proceeding the court may order one party to pay an amount that is necessary for the other party’s support, this is called temporary spousal support. The purpose of temporary spousal support is to help the party to transition to a single status or until the proceeds from an ordered property division or sale can be received.
Permanent Spousal Support
Another form of spousal support is permanent spousal support. The purpose of permanent spousal support is to make an equitable apportionment between the parties. In order to determine the amount of spousal support, the judge shall consider the following factors:
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- The extent to which the earning capacity of each party is sufficient to maintain the standard of living established during the marriage
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- The marketable skills of the supported spouse, the job market for those skills, the time and expenses required for the supported party to acquire the appropriate education or training to develop those skills, and the possible need for restraining or education to acquire other more marketable skills or employment
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- The ability of the supporting spouse to pay spousal support, taking into account the supporting party’s earning capacity, earned and unearned income, assets, and standard of living
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- The duration of marriage
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- The age and health of the parties
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- The balance of hardships to each party
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- Any other factors the court determines are just and equitable
Determining appropriate amount for spousal support is complicated and difficult. The attorneys at our law firm will ensure that your rights are protected.
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