10 August 2016
 Categories: Law, Blog

Many divorcing couples fail to consider the issue of spousal support (known as alimony in some states), perhaps mistakenly believing it to be a thing of the past. Spousal support still exists for those who need it, and knowing some basic, but vial facts about this valuable option is important. Your financial future could be affected greatly by forgoing this possibility, so read on to learn more about spousal support in 8 facts.

1. Spousal support was created to help bring financial assistance to a spouse that stayed home and worked to rear the children of the marriage, and who gave up educational and career opportunities. Nothing has changed in society that would preclude this need, so every state has provisions for spousal support when divorcing.

2. In the past, there was a perception that spousal support was connected to being the victim of wrong-doing by the other spouse, such as being cheated on. Today, spousal support is tied instead to financial need, regardless of whether you divorce in a no-fault state or not.

3. Many people don't realize it, but you can actually begin receiving spousal support before your divorce is final. To do so, you must have a legal separation agreement with that provision included, it must be filed with the court during your separation period and you must be living separately from your spouse.

4. Nowadays, spousal support can be awarded to either the female or the male of the marriage. Many fathers now stay home to raise children full time, and are equally eligible to receive this financial benefit.

5. Even if the amount agreed upon or awarded by the court is a token amount, the inclusion of the provision can pave the way for increases or decreases in the amount as time goes on and circumstances change. Failure to include a spousal support provision altogether, however, could mean forfeiting that benefit entirely.

6. Usually, spousal support is considered temporary and is seldom ordered for the recipient's lifetime, depending on the circumstances. For example, an older or ill spouse who has little chance for creating a career might be awarded lifetime spousal support. In some cases of lifetime support, a provision in the ex-spouse's will could continue to provide for the receiving spouse after their death.

7. When the support is temporary, it is often referred to as rehabilitative support and gives the receiving spouse an opportunity to take job training or attend college.

8. Spousal support is considered income, and must be reported on both the recipient's and the provider's tax returns. It's important to note that child support is not taxable as income.

Be sure to discuss the issue of spousal support with a divorce lawyer, like one at Kleveland Law.