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Spousal Support 101 - The Basics

Spousal Support 101 – The Basics

What is spousal support? How is it determined? This article explains what it is, how it’s calculated, how long it lasts and more. 

What is Spousal Support?

You’ll often hear spousal support and alimony used interchangeably. That’s because they are essentially the same thing. They are both payments for the support of an ex-spouse ordered by the court. This can include a number of things, and every case is a bit different. 

For example, one person may need to provide spousal support to cover just about everything: the house, car, food, clothing, etc. However, another individual may only need to provide enough money to cover the ex-spouse’s car or mortgage payment. 

How is Spousal Support Determined?

It depends on the current status of both the contributor and recipient. If the recipient has a successful career and is able to take care of themselves, the amount will likely be a lot less. However, if the recipient is raising kids full-time and unable to have a career, the amount will likely go up. 

Another factor is current lifestyle. What is the current lifestyle of the recipient? Do they live in a 5 bedroom house with a swimming pool in an expensive part of town? Or do they have a lower-priced home out in the suburbs or a rural area? These factors come into play as well, because the goal of the court is to avoid major lifestyle impacts. 

These are just a few factors. There’s even more to consider here:

  • Education level of the recipient: Are they educated enough to have support themselves and their dependents, or will they need to go back to school?
  • Age and physical condition of the recipient
  • Financial condition (i.e. assets available)
  • Length of the marriage
  • The ability of the contributor to both support the ex-spouse and him/herself

As you can tell, there are many gray areas with spousal support. It doesn’t have the same kind of strict guidelines we see with child support. 

How Long Must Spousal Support be Paid? 

Again, this is a bit of a gray area. It’s common for spousal support to be rehabilitative. That means it only lasts long enough to help the ex-spouse get back on their feet. That could mean finishing their education, landing a good job, etc. 

Sometimes it lasts a bit longer though. If the divorce decree doesn’t have specific termination criteria then the payments must continue until the court orders otherwise. One example that can cause the court to order a change is marriage. If the recipient remarries, the court usually determines the spousal support no longer needs to be paid. 

One thing to keep in mind is that times are changing. It used to be that spousal support was almost always a man sending financial support to his ex-wife. There is a trend of more women giving spousal support to men since the number of women in the workforce has increased. There is also a trend of more same-sex cases, where the ex-spouse with the highest income has to provide spousal support to their ex-spouse. 

For more personalized advice on spousal support, give us a call at 714. 456. 9118 or send us an email at info@voneschlaw.com. We look forward to hearing from you.

Courtesy of Cuselleration

What is Considered Domestic Violence

What is Considered Domestic Violence?

What is considered domestic violence? Most people have some kind of idea what’s involved, but it’s actually a broader topic than most expect. 

Here are the different types of domestic violence, along with a short explanation of each. 

Types of Domestic Violence

Physical Abuse -This is probably what most people think of. It’s any physically aggressive behavior, threat of physical harm, indirectly harming someone physically or withholding physical needs from someone. Threats, punches, denying food or sleep, and holding people hostage all come under this type of abuse. 

Emotional Abuse – This is any kind of behavior that exploits another person’s vulnerability, security or character. One example is insulting or criticizing someone to lower their confidence and self-esteem. Regularly ignoring or neglecting the victim’s needs also falls here. Telling someone they’re mentally unstable or incompetent is emotional abuse. 

Control – This is when one person maintains dominance over the victim. They control the victim’s behavior and believe it’s perfectly justified. One example is not giving the victim freedom with the types of clothes or hairstyle they wear. They may invade the victim’s privacy by never giving them time alone. Sometimes children are used to help control the victim parent by using them as spies or threatening to harm the child. 

Sexual Abuse – This is forcing sexual behavior on someone or using sexual behavior in an exploitative fashion. Sometimes it can be using force or manipulation to make the victim partake in sexual activities with other people or do things they don’t want to. In addition to these, it could be engaging in sexual activity with someone who can’t consent, for example if they’ve used drugs or are asleep. 

Isolation – Similar to control, this keeps the victim from seeing people they want to see. By keeping them socially isolated, the victim doesn’t get to see that the rest of the world wouldn’t agree with the types of abuse the victim is suffering. The victim is often told things to make this behavior sound okay by saying things like “if you really loved me, you’d want to spend time with me instead of your family or friends.”

Verbal Abuse – Somewhat self-explanatory, this includes any language used to threaten, embarrass or unfairly criticize the victim. Maybe the victim is being called names, or are constantly told they are undesirable or ugly. This could also include constantly be yelled at, or never talked to. Threats to hurt or kill the victim or their loved ones is also considered verbal abuse. 

How do I Know if This is Domestic Violence?

People involved in domestic violence situations don’t always know it. They may realize they’re being abused, but don’t consider reporting it to the proper authorities. 

If you know someone who seems like they’re being abused (including yourself), the best thing you can do is talk to someone who understands the subject. You never know until you ask, and it’s important to resolve these situations as early as possible. The longer it goes on, the more harm will be done to the victim. 

We’re here for you, click here to contact Von Esch Law today. 

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