Spousal support is a term that you typically will only hear if you’re going through a divorce or about to start the proceedings. Most people know it as “alimony.” The terms mean the same thing, and the topic is very important both during and after a divorce.
Spousal Support is Good, in Most Cases
Everyone here’s of alimony and thinks of the poor guy that can’t afford his own rent while his ex-wife drives a new Mercedes around town while going on shopping sprees. That is definitely not the case!
Spousal support is only awarded to between 10-15% of all divorces across the nation, and they are reserved for people who truly can’t provide for themselves and their children if their partner leaves. Often these are awarded to a spouse whose role was to stay at home with the children or can’t earn enough to make payments for everything in their household without some help.
Are there people who get away with getting awarded money that don’t truly need it or that will use the money on frivolous things, absolutely. However, these cases are few and far between. Also, you can collect evidence to the fact and present it to the courts to have your payment amounts re-evaluated or made null.
The other misconception that should be cleared up is that this is only awarded to women, and this is just not true. It is the biggest earner that will usually be given the responsibility of spousal support unless that person has sole custody of the children (but that is an entirely different matter.) In other words, men are awared spousal support too.
Why You Split Doesn’t Matter
Unlike divorce and child custody proceedings, whether you or your spouse has done something egregious (like domestic violence or extramarital affairs), it doesn’t matter. The monetary awards involved in spousal support only occur if there is a need for the help and not because one party feels they deserve it for going through hard times.
This is especially helpful because separations can become petty and ugly, but this has no affect on whether alimony is awarded or not. This is merely granted on the basis of true needs of a spouse that will be destitute without the help.
It Is Always Fair
If you happen to get terminated or demoted and your salary goes down substantially, the court will help you recalculate an amount to pay your spouse that will keep you both alive and well. The same can be said about the self-employed if you have a terrible year and are barely making ends meet, go to the courts and they will help you.
The same can be said about your spouse. If they get a new job or a promotion that vastly improves their income, your payments will be reduced or even ended depending on how much they now bring in. It may seem unfair at first, but the courts are only concerned with keeping everyone alive and well.
This goes double for any cases involving children.
Let’s Talk
If you are struggling with the decision of a divorce because of the possibility of spousal support that will follow, give the Von Esch Law Group a call at (714) 456-9118 for some clarity on how we will make the proceedings considerate for everyone involved.
