Marriage doesn’t always have a happy ending and chances are that you have one (or maybe more than one) friend that has gone through a divorce – they like told you about the heartache, the headache, and how much it cost them. You’ve likely also heard about alimony, now referred to as spousal support, and how expensive that can be for some people. Spousal support is not always ordered in the case of a divorce and there are a few factors at play to decide if, and how much, one party will receive. Having a Beaverton family law attorney to go over the basics with you can help shed some light on the issue, and we have you covered in this article.
When a couple files for divorce and cannot agree on terms, they will go to court to settle the issues at hand. Concerning spousal support, the judge will look at a number of factors regarding the couple to determine the length and amount of support to be paid/received, including:
- Earning capacity: How much does each party make and will both parties be able to sustain themselves after the separation.
- Skills and education: The capability of both parties to procure a sustainable job after the divorce, especially if one party put their career on hold to stay at home and raise children, or to support their spouse’s career.
- Marriage length: A couple that was married for six months versus a couple married for 20 years will have vastly different spousal support decisions inmost cases.
- The age of each party: Are they young and can work their way up the ranks of the corporate ladder, or are they older and closer to retirement?
- Health: Is each party physically fit and able to work?
With this in mind, the judge will determine a spousal support plan. Additionally, here are a few other facts and debunked myths surrounding spousal support:
- Men can be awarded spousal support, though it admittedly is not as common, statistically.
- Lifetime spousal support can be ordered depending upon the aforementioned factors.
- Alimony is exempt from bankruptcy and you will need to continue payments.
- Alimony is non-taxable and cannot be listed as a tax expense.
It is a sad reality that marriages end in divorce as it can be an emotionally and financially stressful, if not traumatic, trial to work through. Spousal support ensures that one party is not left high and dry without any safety net as they face life as a single individual again. If you or anyone you know are considering filing for divorce, or are currently in the process of going through divorce, it is imperative that you contact a Beaverton family law attorney to review your case and assist you so that you hold on to what is yours and receive fair treatment in negotiations. Contact our expert lawyers today to discuss next steps and to go over the details of spousal support in relation to your case. We’re here to help make sure this troubling process is as easy as possible.