In our experience as divorce mediation specialists, we often run into the topic of spousal support. It's not a well-understood area of the legal framework and so to help guide you further on the subject and outline the legal process for spousal support determination, Divorce Better is highlighting the elements involved in spousal support cases.
Factors to Consider in Determining Spousal Support
While the case for spousal support is unique to the couple, it's important to understand the basic factors that a court will consider before awarding spousal support. The most obvious consideration is your salary and the salary of your former spouse. Included in your total income according to the court will be commissions, wages, bonuses, royalties, and dividends. If you have been the victim of spousal abuse, a court will also take that into consideration, as it’s unlikely you’re going to apply for support from the spouse if you’re afraid to communicate with them.
If one spouse earns substantially more than the other or has been putting off a career and other job prospects to contribute to the marriage, a court may award spousal support based on the past income of both parties. It’s also important to recognize the potential for the court to award spousal support based on current earning power, and so when a career change takes place it can be more difficult to lower support payments in the future, maintaining the level of support regardless of the lower pay in the new job role.
The Potential to Refuse Alimony
In some cases, you may wish to refuse the alimony provided by your former spouse. While this might not make sense from a financial standpoint, it might help you to distance yourself from your former spouse and to explore other options moving forward. It might be better for you to have the freedom to move away without maintaining a financial link to your former wife or husband.
Turn to Divorce Mediation Experts
In managing spousal support considerations, turning to a local specialist can help ensure that all questions and concerns are addressed. Our trusted divorce mediation team at Divorce Better has a clear understanding of spousal support considerations, and we're here to help you reach the best outcome in an amicable divorce. To learn more about this topic and ask questions to a local expert, call us today!