Common myths about spousal support explained

Spousal Support or ‘Alimony’ is a charged concept for folks involved in a divorce case. Being home to the best divorce lawyers in Grand Rapids MI, we often meet clients who are legitimately concerned about having to pay spousal support. We also encounter clients with unwarranted apprehensions, which can largely be attributed to the misconceptions they harbor.

In this article, we want to squash any doubts surrounding the concept of Alimony once and for all. We’ll be doing so by taking an in-depth look into the realm of alimony and debunking spousal support myths in the process.

So, without much further ado, let’s start by first addressing what spousal support means.

What is Spousal Support?

Alimony refers to a continuous income made by a financially capable individual to their spouse who has little to no source of revenue. A common reason for spousal support to exist could be because an ex-spouse chose to give up a career to spend their time raising a family and taking care of the home.

Such a person will need time to develop job skills that are necessary to support themselves. Alimony also helps an ex-spouse maintain a standard of living that they once enjoyed during marriage. Laws surrounding spousal support have drastically changed over the years. Either spouse may be eligible for alimony, irrespective of whether that individual is a man or woman.

We’ll be clarifying myths about spousal maintenance such as the above further below in the article.

How is the Amount of Alimony Determined?

Laws related to Alimony differ from state to state. Unlike child support, courts are relatively more flexible when assessing spousal support amounts. If alimony is ordered, the court will be responsible for deciding what this amount will be and for how long one will need to pay it.

In hindsight, you can expect the court to consider any of the following factors when determining spousal support amount.

•   Age, physical condition, and emotional state of either spouse
•   The financial situation of former spouses
•   The ex-spouse’s standard of living during marriage
•   The time a recipient will need to become self-sufficient
•   The ability of the paying spouse to support their ex and themselves
•   The duration of the marriage.

Alimony can be court-ordered for a specific set of time. If there is no alimony termination date mentioned on the divorce decree, then payments should continue until the court orders otherwise.

Alimony obligations usually end when the spouse remarries or if they wish to cohabitate with somebody else. Spousal support can also end when a payer dies.

Now that you know a fair amount about the concept of spousal support, let’s divert our attention to common misunderstandings about spousal support.

Exploring Spousal Support Misconceptions

1. Alimony is a Certainty

It is not set in stone that you’ll have to pay alimony if divorced. You are well within your rights to protect your assets. It is also important to note that alimony doesn’t automatically activate once divorced. You are not entitled to spousal support once your marriage dissolves. You’ll need to go through a legal process to acquire alimony privileges.

2. Alimony is Forever

This is another one of those misconceptions about spousal support that could not be further from the truth. Alimony is considered to be a temporary measure. It is designed to help a spouse with no source of income get back on their feet after a marriage. It helps them maintain a reasonable standard of living.

A court considers many factors when determining the amount and duration of spousal support payments. Even what qualifies as permanent alimony doesn’t last long. Alimony obligations can easily end once a partner remarries or cohabitates.

3. Alimony Can Help Maintain the Same Standard of Living as Marriage

Spousal support is meant to help a spouse pay for their necessities. This could include food, utilities, and housing. Alimony isn’t supposed to pay for a person’s vacations or hobbies. So, expecting the same standard of living as the one you enjoyed during marriage won’t be wise.

4. Bad Behavior Could Result in Wronged Spouse Getting Paid More

It is a common myth among folks that just because their spouses were abusive or unfaithful during marriage, the court will award them with a higher alimony. This isn’t true anymore. All states now practice no-fault. As such, courts don’t use alimony as a means of punishment.

5. Alimony is only Paid by Men

This is perhaps the most persistent myth on this list. While this was the case decades ago, times have changed drastically. Women are joining the workforce in large numbers. In some instances, they are the sole breadwinners of a family. If a wife earns more than their husband, then the man is entitled to alimony if they decide to dissolve their marriage.

6. Alimony is Void in the Era of Two-Income Families

In our pursuit of unveiling spousal support misconceptions, this is another one we’d like to check off our list. Even in two-income families, it was found that one spouse sets aside opportunities for the greater good of the family. In a two-income family, one spouse may earn considerably more than the other spouse.

Types of Spousal Support Arrangements

Below are 5 common types of spousal support arrangements

1. Rehabilitative Alimony

This is short-term support paid by one spouse to another until the recipient becomes self-sufficient and can meet their financial needs.

2. Reimbursement Alimony

In this alimony, one spouse is awarded reimbursement for the contributions they made to the marriage.

3. Temporary Alimony

A court may mandate spousal support while the divorce proceeding is ongoing. This type of support ends once the divorce is finalized.

4. Permanent Alimony

This type of alimony is ordered by the court if one spouse cannot support themselves due to their age or disability. This type of support isn’t necessarily permanent and may end when certain conditions are met.

5. Lump-Sum Alimony

A court may order payment to the receiving spouse in one lump payment. This decision can also be made by the spouses themselves without court intervention.

Conclusion

Understanding alimony myths is important for those going through a divorce. It saves you from taking the wrong step or living in a constant state of worry for no good reason. All of the myths we’ve discussed have plagued the conversation surrounding alimony for a long time. With this article, we hope to have done a good job busting spousal support myths.

To make sure you get a fair settlement during your divorce, we suggest partnering up with a reliable divorce attorney. If you are in Michigan and looking for a Grand Rapids Divorce Lawyer , we suggest you give the offices of Sean Patrick Cox a call right away.

Over the years, we’ve helped many secure substantial spousal support amounts while helping others protect their assets against the same. Perhaps we can do the same for you.

Call us now to schedule a free meeting with our divorce attorney today.