People going through the divorce process have a lot of tension and questions over spousal support payment. Many things need to be considered before settling a spousal support claim. The primary objective is to settle down income discrepancies, living standards, and the upcoming disadvantages that the couple may experience after the separation.
While the issue of calculating the spousal support claim amount is entirely in the hands of the court, you can at least look into the factors that determine the monthly spousal support payment.
Retirement
Retirement can change the whole arrangement of alimony payment. It represents a turning point in the life of a support payor. Retirement means less financial freedom and more limited income. So keeping up the regular alimony payment would be a significant financial burden for him/her. The court usually considers these shortcomings.
However, the court also considers whether the payor takes early retirement or retirement at the age of 65 years or older. In the case of early retirement, the payor may have to continue the usual spousal support payment.
Loss of employment
Loss of employment can lead to a temporary suspension of alimony payments. First, the court will examine the circumstances behind the job’s loss, whether it is involuntary or voluntary. The court also checks whether the support payor can seek alternative job opportunities and whether he/she applied for other jobs. The court may also consider the changed financial circumstances of the support recipient, liabilities of the support payor, and children’s needs.
Health
Health can be a very important factor in alimony payment. If the payor suffers from a serious disease and has to spend a considerable amount of money for medication, the court would consider it. The court also considers the loss of income or job due to fatal accidents or serious injuries. However, the payor must present substantial medical evidence to the court to receive the particular arrangement.
Re-Marriage
This is another factor that significantly affects spousal support payment. If the support recipient remarries, he/she may no longer be eligible for spousal support payment. But, the court first will check if the new marriage gives the proper financial support that the recipient needs before giving any decision.
The financial condition of his/her new partner plays an important role here. His/her new partner should be responsible for all financial matters. However, if the payors remarry, there will be no significant change in spousal support.
Changes in Income
For better or worse, change of income plays a significant role in spousal support payment. If the support payor’s income increases, it may affect the support payment. On the other hand, if the support recipient’s income increases, the payor may not have to pay any more or pay a smaller amount.
If the support recipient can cover his/her daily expenses and needs, it would be pretty unreasonable for the support payor to continue the monthly payment.
Final Words
The factors I mentioned above may sound familiar or obvious to you. But, an expert consultancy can actually help to bring a significant change in spousal support arrangement.
If you need any expert legal advice concerning spousal support or child support or any divorce-related issues, contact our experienced family law lawyers.
