Types of Spousal Support
Whether a spouse receives spousal support depends on the
duration of the marriage, the ability of one spouse to pay and the ability of the other spouse to earn their own finances. For instance, if two people have been married for more than 10 years and they both work with comparable salaries, there will most likely be no spousal support ordered. On the other hand, if two people have been
married long-term (10 years in most states) and one spouse works while the other stays at home with no job skills, the latter spouse will most likely receive spousal support.
There are four
types of spousal support:Temporary Spousal Support, also referred to as "pendente lite," is ordered when the couple has separated, but the divorce has not been finalized. It is given to the spouse so that he or she may maintain their lifestyle during the time between the separation and the divorce. This is awarded by a temporary court order.
Rehabilitative Spousal Support is a short-term benefit awarded to assist a spouse in rehabilitating themselves. This type of spousal support is given so that the spouse can pay for job training or education in order to become more self-sufficient. Rehabilitative Spousal Support is also given to certain stay-at-home mothers so that they can stay home with the children until they reach school age.
Permanent Spousal Support will continue to be paid until the death of the payor, the death of the recipient or the remarriage of the recipient. When receiving this type of spousal support, it is beneficial to request that your spouse carry a life insurance policy and appoint you as the beneficiary. Permanent Spousal Support can be adjusted based on changes in the financial status of either the payor or recipient.
Finally, Reimbursement Spousal Support is awarded so that one spouse can reimburse the other spouse for expenses incurred by the other spouse. One example of a situation where Reimbursement Spousal Support would be awarded would be if one spouse helped the other spouse pay his or her way through medical school. These benefits can be paid in one lump sum or over a decided period of time.
Please contact one of our lawyers at Rauseolaw for further information.