Spousal Support

FAQs (Frequently Asked Questions) about spousal support and alimony issues. If you are getting a divorce and spousal support may be a part of the judgment or decree, this area will help you better understand the spousal support issues of your divorce.

• What is spousal support?
• Why is there spousal support?
• Do all divorces or separations involve spousal support?
• Is spousal support a payoff from the husband to the wife in order to get out of a marriage?
• Does the husband always pay spousal support?
• Are most spousal support payments paid to the wife?
• Are there any requirements for getting spousal support?
• What do you mean, the requirement of contract?
• Is there the requirement of need for spousal support to be awarded?
• Is there ever a requirement of fault for spousal support to be awarded?
• Do I need a lawyer for my spousal support hearing?
• If I start paying spousal support, will I have to pay it forever?
• What is temporary maintenance?
• What is temporary alimony or "alimony pendente lite"?
• What is "rehabilitative alimony"?
• How long do I have to pay rehabilitative alimony?
• Does rehabilitative alimony just stop on its own?
• Does this review hearing have to be made known at the time the rehabilitative alimony is determined?
• Why do some spouses receive "rehabilitative maintenance" for a long period of time?
• Even though it is a no-fault divorce, could the judge punish me by awarding my ex-wife "rehabilitative maintenance"?
• What if the judge orders rehabilitative maintenance at a very high level, but only for a few years?
• Does "Permanent Alimony" still exist?
• If I negotiate permanent alimony, does this mean the amount of support will stay the same indefinitely?
• If I agree to permanent alimony, do I have to continue paying when my ex-spouse remarries?
• Does remarriage automatically cause permanent alimony to terminate?
• What if my ex-wife moves in with her boyfriend and never remarries?
• What if my ex-wife moves in with a friend or relative?
• How can permanent alimony automatically stop?
• If my ex husband dies, do I still receive alimony payments?
• How can I be sure that my ex-spouse has purchased a life insurance policy to guarantee my alimony?
• How can I be sure that my ex-spouse will maintain the life insurance policy that guarantees my alimony?
• Can I have the permanent alimony paid to my ex-spouse continue after death?
• What is reimbursement alimony?
• What is a "lump sum" settlement?
• If I opt for a lump sum from my ex-spouse, can I ask for a modification should my circumstances change?
• Does the Judge decide the amount of spousal support?
• Are there "spousal support guidelines" like "child support guidelines"?
• What does a typical spousal support statute look like?
• What are the limiting factors for spousal support?
• How is the "standard of living during the marriage" considered when determining a spousal support award?
• My ex-spouse is trying to say that we did not do or have certain things during our marriage?
• My ex-spouse and I enjoyed an artificially high standard of living during our marriage. How will this be considered?
• I worked overtime in order to support our lifestyle. Can the court order me to continue working overtime?
• Is military housing allowance considered in determining spousal support?
• Is military housing allowance considered in determining spousal support?
• Is a company car considered when determining a spousal support award?
• Are gambling winnings considered when determining a spousal support award?
• Is inheritance considered when determining a spousal support award?
• Are stock options considered when determining a spousal support award?
• I’ve heard of "imputing income" when it comes to child support. Does it also apply to spousal support?
• My ex-spouse was just convicted of a crime; will I continue to receive my alimony?
• Why does the occupation I had during the marriage have anything to do with determining spousal support?
• When determining spousal support, are earning capacity and occupation the same?
• What about the earning capacity of my ex-spouse?
• When determining spousal support, will the judge only consider who is the "neediest" spouse?
• What if I cannot afford to pay any alimony?
• What if I do not want to disclose my financial records to my ex-spouse?
• Is a generous property settlement enough, or do I also have to pay alimony?
• My ex-husband has been awarded his pension benefit, so can this be considered income for determining spousal support?
• What is a Domestic Relations Order (DRO)?
• How does a QDRO work in spousal support?
• Is it true that receiving child support can be a factor in determining a spousal support award?
• What would be appropriate factors that affect earning capacity when determining spousal support?
• How am I expected to get a job after ending my marriage of over 35 years?
• How does the duration of the marriage affect the determination of spousal support?
• Can an agreed upon spousal support award within a premarital agreement be ignored or set a side at a later date?
• Is marital fault, like adultery, considered when determining spousal support?
• What should I do if my ex-spouse refuses to pay spousal support?
• Does a judge have to send a delinquent spousal support payor to prison?
• If I am the delinquent spousal support payor; how will I be able to pay if I am in prison?
• Is there any other way to guarantee payment of spousal support?
• What if my ex-spouse has moved out of state and is delinquent in spousal support payments?
• Will receiving spousal support change my tax bracket?
• If my ex-husband files bankruptcy, will it affect the past due spousal support he owes me?
• Can we set up an agreement whereby I get more money in spousal support and less in child support due to the tax ramifications?
• Can I address spousal support in my separation agreement?
• Can I waive spousal support in my separation agreement?
• How would a spousal support waiver read?
• Can I set up a payment period for spousal support, with it ending on a certain date?
• How can I establish circumstance(s) that terminate spousal support?
• Can I waive a modification of spousal support in my separation agreement?
• What would a clause which permits modification look like?
• Can I provide for a one-time payoff of spousal support in my agreement?
• If my wife and I agree on a lump sum payment, can she ask for a modification should her circumstances change?
• Can I request that my separation agreement contain a provision for medical insurance coverage?
• I want to make sure that my agreement is considered fair for both my spouse and me. How can I be assured?