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What is spousal support and which spouse is it awarded to?

On Behalf of | May 17, 2015 | Spousal Support

When two people are going through the process of getting a divorce, they are to divide any assets that they may have acquired during their marriage. In some divorces, the residual assets may be enough for each spouse to live off, but in others it may not. When this happens, one party may requestspousal supportt, also known as spousal maintenance or alimony.

When a person requests spousal maintenance during the divorce process, they are asking for a certain amount of money paid to them by their soon to be former spouse because they are not able to support themselves. The amount paid by one to another and the duration of the payments can be determined by state guidelines, but it can also be decided by the judge. In this case, the judge will examine the assets of both parties and their ability to earn, which will help determine how much spousal support will be paid to either party. Just because you request spousal support does not mean you are guaranteed to receive it. It is only a request and the judge can deny it after the examination of assets. Sometimes, the assets can produce enough income that spousal support is not necessary.

Along with looking at assets, the judge may use standard of living, educational level, length of marriage,ages and health of the couple, number of children and child support to make a final decision about spousal support.

If you need assistance while going through your divorce, a Houston divorce attorney may be able to help.


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