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Spousal support is the amount paid by one partner to another after divorce. The central government decides the laws of divorce when the couple is married. The states have different rules and regulations for common-law relationship couples. A common-law relationship is when two people are considered married without obtaining an official marriage license or having an official wedding ceremony. Under the law, one partner receives spousal support if there is a big difference in the income of both spouses.
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Spousal support is the amount paid by one partner to another after divorce. The central government decides the laws of divorce when the couple is married. The states have different rules and regulations for common-law relationship couples. A common-law relationship is when two people are considered married without obtaining an official marriage license or having an official wedding ceremony. Under the law, one partner receives spousal support if there is a big difference in the income of both spouses. The court considers all the facts about marriage before deciding the amount of spousal support. Since the rules may vary from state to state, the couples must have a family lawyer who can help them get through a tough decision like separation.
The following factors play a vital role in deciding whether a spouse should receive spousal support: Finances: The court scrutinizes the financial position of both partners. The court decides whether a spouse requires spousal support after looking at the sources of income. The financial needs of one partner may be more than the other. Duration of marriage: Duration is also a factor that decides whether one partner is liable to pay spousal support. In a common-law relationship, some states require the relationship to last at least two to three years to be eligible to receive spousal support.
Role of the partners: The court investigates and interviews people close to the couple. The investigation helps the court understand the role that each partner plays. If one partner was a stay-at-home partner in the marriage, they are eligible for spousal support. They have no income to have a minimum standard of living. Effect of divorce on finances: If one of the partners decided to stay home after the marriage to take care of the house. Under such circumstances, the spouse quit working because of marriage and is eligible for spousal support. Children: Children are a vital factor in deciding on spousal support. If a spouse takes care of the children, they must get spousal support.
Supporting a spouse: The court might decide that a spouse should support the other for a pre-determined time. The time is given to the spouse to become self-sufficient and independent. Agreements: Many couples agree, either before or after marriage, on the rules in case of a divorce. The terms of the agreement will be valid and used to determine receiving spousal support. The reason for ending a marriage does not affect the decisions about spousal support. A relationship can end because of an event or argument. This will not change the court’s view about spouse support. If one parent pays child support, the court may change its decision. The court will withhold the child support as most necessary. Spouse support should not hamper child support in any form.
There are several points to be considered before applying for spousal support. The family lawyer can help the client deal with the most devastating event of their life. Mongillo lawfirm is a renowned family law firm. They guide the client and make them understand the complicated laws of their case. They also represent clients in court. SOURCE CREDIT: https://medium.com/@mongillolaw/mongillo-law-spousal-support-explained-61f54b4ab6c
