The issue of
spousal support concerns many divorced women with children. Many women stayed
at home with their children, while their husbands climbed the financial ladder.
They sacrificed their education and jobs to take care of the family.
A sudden divorce
can cause financial havoc for a woman who didn’t have a job in years. In this
case you may be entitled to spousal support if your marriage lasted for at
least seven years. The laws vary from state to state, yet there are certain
things you need to know if you’re thinking of getting a divorce.
How long have you been married?
You need to be
realistic about your options. In case your marriage didn’t last longer than
three years, you would have less chances of getting any spousal
support. Ask your attorney about the support before you move on with any
court hearings.
If you have been
married for over 7 years, the court will be more likely to take spousal support
in consideration. For example, in Utah, if you were married for eight years,
the court can award you the spousal support for eight years, i.e. an equal
period to the length of your marriage. Alimony is a different case that should
be discussed separately.
How much do you earn?
It is obvious
that your husband’s earning capacity is an important factor for spousal
support. The court will take into consideration the fact that you had to
postpone your college education to stay at home with our children. In some
cases, the wife chooses to sacrifice her promotions at work to stay at home
with children because the husband’s job requires him to work extra hours and
spend weekends at work. Otherwise, the husband wouldn’t be able to earn a
considerable paycheck.
In case, both of
you barely make ends meet the court won’t award you spousal support. Only a
higher-waged partner will be obliged to pay the support.
Cohabitation
You will lose
your spousal support if you decide to remarry or start living with your new
boyfriend. You need to talk to your
lawyer before you decide to move in with your new partner. In some cases you
may even negotiate
and suspend the spousal support. This way you will get the support back in
case your relationship fails.
Try settling
these issues with your ex-husband before you go to the court. If both parties
agree on this matter the court will allow the suspension. Otherwise, it will
simply get cancelled and won’t get renewed in case you break up with your
current partner.
Keep in mind
Child support
and spousal support are two different things. No one would cancel your child
support even if you were married for one year only. If you wish to be better
informed and prepared, you need to check the laws of your state regarding the
spousal support. Always consult the lawyers and check the laws of your state.
About the author:
This is a guest post by freelance writer and blogger Claire
Wilson for Richard D. Palmer Law Offices. If you are looking for legal
assistance with spousal support in Ohio, visit
website to get in touch with their
divorce attorneys.
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