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Are You Eligible to Receive Spousal Support?

Posted on : April 20, 2017
how to know whether you are eligible for spousal support in divorce

Along with many other unique considerations in your divorce, you may be curious about whether or not you are entitled to recover spousal support. Every state has different rules to determine whether or not you are eligible to receive alimony or spousal support. The court is responsible for using their discretion to evaluate a variety of factors to determine whether or not you are entitled to receive spousal support which may also be called spousal maintenance or alimony.

The two primary considerations involved in the determination of spousal support include evaluating whether your spouse has an ability to pay you and whether you have a documented financial need for spousal support.

In general, you will need to indicate your expenses to the court such as gathering your bills to show what your living expenses are. In the event that you have a medical condition affecting your ability to work and your expenses, you may be eligible to receive spousal support. In the event that there is a disparity between your spouse’s level of education and your own, the court may also consider this in awarding spousal support. Many states will also evaluate the length of your marriage to determine the amount and the duration of spousal support.

Consulting with an experienced divorce attorney is strongly recommended if you find yourself curious about how spousal support is awarded in your individual state. For a spouse that has spent the vast majority of the marriage attempting to support the other partner, or taking care of children in lieu of furthering his or her education or working in a career, it is extremely important to identify an attorney who understands the implications that spousal support will have on your future. Spousal support may be awarded on a short-term basis until you have achieved a specific educational or career goal or over the long term.

The outcome of the spousal support determination will have a significant impact on your future so this is why it is extremely valuable to identify a lawyer who can assist you with this process. Do not hesitate to get help from a divorce attorney if you believe that spousal support will be an important consideration in your case.


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