Philadelphia Spousal Support Lawyer
Whether you are the Plaintiff or the Defendant, the process of divorce can have its challenges. Aside from the emotional toll it can take, there are also the financial ramifications. More often than not, one spouse was financially dependent on the other (the “dependent spouse”). Perhaps one spouse was a homemaker or if both parties worked, one earned significantly more money than the other. Either way, the party which earned more money may be liable to pay spousal support to the dependent spouse. The party paying support is the payor, the party receiving support is the payee.
What Is Spousal Support?
Spousal support is paid after the parties physically separate, but before a divorce is final. It may be sought before a divorce action is even filed. You must live separately from the payor to file for support because you cannot file for support while the payor is still paying your expenses.
Spousal support is different from alimony in that there are no entitlement defenses, meaning, once it is determined one spouse has a financial need, the payor must support the payee. Length of marriage, adultery, the marital standard of living…these are all factors in alimony determination. However, there is no consideration of these factors for spousal support. All one needs to demonstrate is the financial need. However, the dependent spouses’ earning capacity (the ability to make money) and health can impact the amount of the award, but it cannot make one ineligible to receive it.
Duration of Spousal Support:
Spousal support terminates upon entry of the divorce decree.
Modification Spousal Support
Sometimes it may be necessary to modify (change) the amount of the support order. This change could be an increase or a decrease in the amount of the support payments. Reasons to change the order Include:
- The payor loses their ability to pay. However, this cannot be a temporary loss. It must be a major change, such as illness, disability, or job elimination.
- The payee has a significant increase in income.
Why Do I Need an Attorney?
Attorneys remove the stress of the unknown in the separation and divorce process. You have enough to worry about, let us guide and counsel you to utilize the best legal strategies to obtain your goals. Our experienced and knowledgeable lawyers are happy to help you. Please call for a free consultation today.
This content was written on behalf of Greg Prosmushkin.