WHAT YOU NEED TO KNOW ABOUT SPOUSAL SUPPORT

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WHAT YOU NEED TO KNOW ABOUT SPOUSAL SUPPORT

• In England, Ireland, Northern Ireland, Wales and
  Canada it is known as alimony maintenance in the
  United States it is known as
  spousal support. Australians call it
  spouse maintenance. Wherever you are from,
  spousal support is something that is
  awarded to one spouse through a court
  order and that the other spouse must
  pay following a divorce proceeding. Read
  on to learn more about the history
  and different types of spousal support
  available.
• A Brief History
• The history of spousal support dates back to The
  Code of Hammurabi, from 1754 B.C. This code
  states that a man who wishes to separate from his
  wife should pay the woman who has borne his
  children a maintenance amount in order for her to
  be able to raise the children.
• The contemporary idea of alimony in England is a
  product of the English ecclesiastical courts, in
  that alimony is awarded following proceedings of
  legal separation or divorce. Alimony pendente
  life is something that a husband is ordered to
  pay until the divorce is granted. This ensures
  that the husband continues to provide
  financial support for the wife for as long
  as the marriage continues. Alimony is
  awarded based on the knowledge that the
  marriage is continuing that divorce did not
  end the marriage and the husband was still
  responsible to support his wife.
• When the proceedings for the dissolution of a
  marriage have begun, it is the right of either
  party to seek alimony support payments
  throughout the course of a litigation
  trial. If the parties involved do not make
  it known in writing what the monetary
  alimony obligation will be, the court makes a
  decision as to the amount based on monetary
  evidence provided by both parties.
• Factors Affecting Alimony Payments

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In the United States, alimony is determined based
upon different factors and elements that occur at
the time of the hearing. The period of alimony is
also variable, and some states, such as Texas,
Montana, Kansas, Utah, Kentucky, and Maine, have
precise guidelines that judges must follow when
awarding alimony. For example, in states such as
Texas, Tennessee, and Mississippi, the monthly
amount paid is either 2,500 or 40 of the
payers total monthly income, whichever is
less. In these states, alimony is also only
awarded to a person if the marriage lasted at
least ten years, and is awarded for a period of
three years (unless other circumstances
exist). Some states, such as New York, consider
any educational degree that were earned while
married a part of the marital property. This
means that the divorce decree will require
payment of the educated spouse to the other
spouse a part of their expectant earnings from
employment gained as a result of the
degree. Prenuptial Agreements In some cases,
alimony may be waived. These cases include
when there is a prenuptial agreement in place
in which the spouse as signed away their rights
to any alimony. However, if there are
inequalities between the parties at the time of
divorce that are too large, the prenuptial
agreement may be disallowed. If a party gets
married in a state that allows prenuptial
agreements to exclude alimony, but then later
divorces in a state that does not allow the
exclusion of alimony, then the laws of the state
in which the divorce took place will prevail.
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If you are experiencing a divorce, it is
important that you know your rights or
responsibilities when it comes to your spouse or
former spouse. With the above information, you
can be sure you know what to expect regarding
spousal support. Article source
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