When a couple separates or divorces, one spouse may be eligible to receive financial support from the other in the form of spousal support or spousal maintenance (previously referred to as alimony).
The two parties can reach a mutual agreement or spousal maintenance may be an order of the court. Ideally, the purpose of spousal support is to allow a lower income spouse to become self-sustaining after the termination of the marriage.
“Pendente lite” or temporary spousal support can be issued pending the official termination of the marriage. This temporary order is replaced by a final order once a ruling has been made or an agreement reached in the case.
Rehabilitative support is another name for spousal support – payments given to a spouse over a period of time that are designed to enable the individual to obtain a career (through education of training) and become self-supporting.
Depending on the particular circumstances, support is usually ordered for a limited time period. A typical court order for spousal support will also terminate upon the death or remarriage of the supported spouse. In specific cases, support could be made permanent or for the life of the recipient.
Spousal support is different from child support. The difference between the two is the purpose of the support. With spousal support, the intention is to provide for the spouse and make him or her self-sustaining, separate from the support of the children. The amount and duration may be modified by the Court to increase or decrease, in specific instances, with the help of an attorney. There are different factors that are reviewed to determine amount and duration of spousal support.
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