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Spousal Support


What is Spousal Support?

Spousal support is designed to help the party who will be more financially harmed by a divorce. It is generally awarded to the spouse who was less financially independent. Spousal support may not be awarded in every case, and the courts will take into consideration the reason for a separation when deciding whether or not to order spousal support.

Are There Different Types of Spousal Support?

Yes, there are several different types of spousal support that may be awarded. These include:
  • Periodic Payment For and Undefined Duration: This is a sum that an ex-spouse has to pay at regular interviews. The total amount of money to be paid is undetermined, but the courts can set a reason for payments to end (such as a remarriage).

  • Periodic Payments For a Defined Duration: This involves payment at regular intervals, but as the name suggests, these payments have a clear end date.

  • Lump Sum: This is a fixed amount of money, determined by the courts, that must be awarded by a specified date.

  • Reservation: Short for a "reservation" of the right to seek spousal support in the future. Generally, the length of time granted for a reservation is half the duration of the marriage.

  • Temporary Spousal Support: The court will award this when a divorce is pending.

Is Spousal Support Always Awarded?

No, there are instances when spousal support will not be awarded, such as when a spouse has committed adultery.

Can Spousal Support Be Modified In The Future

Spousal support can be altered if the spouse can show a change of circumstances. If the spousal support is part of an agreement, it can only be modified if the agreement allows for future modification.

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