Spousal Support/Alimony

Temporary Spousal Support: Your first spousal support orders are viewed as “temporary.” In many courts the same computer program that calculates child support is used to calculate temporary spousal support.

The computer program mostly focuses on incomes and a few particular expenses. At this stage, there is no in-depth inquiry into personal expenses or how long spousal support may be needed. You need very little to change a temporary spousal support order.

At your initial consultation, your attorney can approximate what initial spousal support may be.

Permanent Spousal Support: Permanent spousal support does not mean it cannot be changed. Instead, permanent only means you need to show more evidence to change it. For example, you lost a job or are retiring. Or, the other person is earning more than they used to. Or maybe, the other side is now living with someone or planning on remarrying.

We don’t use the computer program to set permanent spousal support. We negotiate the number, or a Judge sets the number after a trial. The court looks at a range of factors particular to your marriage before deciding what permanent spousal support should be.

Half the Length of Marriage: There is no mandatory rule that a person only needs to pay spousal support for a particular period of time. A marriage is like a fingerprint – no two are alike.

Next Steps
Consult with an Attorney: First, you should not make any legal moves until you receive solid legal advice. Attorneys can lose you spousal support. Or they can leave you paying exorbitant amounts. A temporary spousal support order can be particularly destructive, as it could go on for a long period of time, and it might be much more than what a permanent spousal support order would be. Like everything else in family law, the first steps you make could set the tone for everything that comes after.

What You Need: Spousal support has everything to do with income and wealth. It would be wise to find an attorney who knows how to read a tax return, who knows how to deal with stock options, who can locate additional sources of income.

It would also be prudent to locate an attorney who is comfortable in court. Many spousal support issues are contested, and you do not want an attorney who is afraid of being in court.

Documents: No attorney can provide you a complete consultation on spousal support without knowing what everyone earns or is receiving in income and benefits. Before you meet with an attorney, locate business and personal tax returns, and all recent statements for investment accounts and retirements. If there are businesses, also look for balance sheets and bank account statements. The more you have for your attorney, the more thorough the consultation. All of that information will be needed down the road if you decide to go through a divorce.