Couples who have shared their financial resources for years may find regaining their independence to be somewhat challenging. In some cases, spouses may not be able to live independently after a divorce without some kind of financial support.
Alimony, or spousal support, helps ensure that lower-earning spouses do not experience immediate and protracted indigence because of a divorce. The higher-earning spouse may need to provide regular financial assistance for the lower-earning or non-working spouse.
Many people approach alimony or spousal support negotiations with unrealistic expectations. The three myths below could leave people at a disadvantage during family law proceedings if they believe any of them. What inaccurate information do people often share about spousal support?
1. Spousal support is an automatic obligation
Children generally cannot support themselves until after they turn 18. As such, the courts automatically consider the need for child support when married parents divorce. The same is not true for alimony or spousal support. The spouse in need of financial assistance must petition the courts for spousal support and prove they require it.
2. Indefinite alimony is the standard
Many people expect to receive indefinite or permanent spousal support after a divorce. However, permanent spousal support requires proof of need.
Judges usually only require indefinite financial support when there is a credible reason to believe that one spouse cannot support themselves. Most of the time, spousal support is rehabilitative, meaning the intent is to help someone reach a point where they can support themselves again.
3. Spousal support is set in stone
Technically, the paying spouse has an obligation to fulfill the terms of the spousal support order issued by the courts. However, the amount of support required and the duration of the payments reflect the circumstances of the spouses. If the circumstances of either spouse change significantly, then the courts may reconsider the spousal support order.
If the recipient spouse remarries, that could lead to a termination of the alimony payments. Job loss and medical changes for the paying spouse could also be grounds to request a modification. It is possible to update a spousal support order, but people have to follow the right procedure. Otherwise, they might be at risk of enforcement actions due to non-compliance with the order.
Learning more about the rules that govern spousal support or alimony can help people understand what to expect. People facing contentious support-related disagreements may benefit from understanding the basics of the law and taking appropriate action in family court accordingly.
