Spousal support, or alimony, may also be a factor in a divorce or legal separation. When one spouse wants spousal support it can be requested in the petition. The parties can also agree to an amount of support and length of time. This could be specified in an agreement and, with all other agreed upon issues, can allow the parties to avoid a court appearance. It should be noted that either party can request and receive support.

When the parties do not agree on spousal support, it is usually addressed in court. It’s a good idea to request temporary support while the divorce or legal separation is in progress. For temporary support, the courts usually look at 2 factors namely differential in income and need. This is can be determined by the ‘dissomaster’ (software program).

Permanent support or support for a specified period of time involves many more factors and is addressed in trial unless the parties agree. Some examples of other factors are the length of the marriage, education, health, lifestyle as well as differential in income. There may be other factors.

Make sure to speak with one of our family law lawyers to discuss spousal support with a planned approach.

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