Whether or not it receives a spouse, spousal support or alimony depends on several factors. Among these factors are the length of the marriage, the ability of either spouse to pay and the earning capacity of the other spouse.
If you've been in a long-term marriage and the work of both spouses, with comparable incomes and retirement plans and then, more than likely there will be no spousal support. However, if you were in a long-term marriage and you were a stay at home mom, have no marketable skills and no pension plan you will receive your probably spousal support. By the way, most States consider a marriage of ten years or more to be "long-term".
What kind of spousal support received will depend on the financial situation in marriage. Below is a description of each type of spousal support, and when they are assigned.
Also referred to as "leaning lite," temporary spousal support is given when the parties are separated and divorce is not yet definitive. This is given so that the spouse can maintain their lifestyle between the time that the couple separates and divorces. Often is assigned through a temporary court order.
Rehabilitative spousal support is granted for a short period and is designed to help your spouse "rehabilitate" itself. Is paid to the spouse can get experience of training, education or the worker process or become more self-sufficient. It is also given to the mother of small children, so that she can stay home with them until they reach school age.
Rehabilitative spousal support is normally set for a specified period. The parties may agree to a time line or the courts may mandate a time line. If you are the spouse recipient you want to make sure the final divorce decree States that the need of spousal support is subject to later revision. This means that the Court may look at the facts of a case and determine whether spousal support should be continued, discontinued, or the amount changed.
Permanent spousal support continues until the death of payer, upon the death of the recipient or the recipient's remarriage. In some cases may continue after the remarriage of the recipient. It is a good idea, if you receive permanent spousal support to request that the spouses carry a life insurance policy with you as the beneficiary. If he/she dies you won't have to suffer the financial consequences of losing your spousal support.
Permanent spousal support can be adjusted up or down based on a change of circumstance. An adjustment of the amount of financial support is dependent on any changes in the life of the payer of the recipient. If the recipient gets a job with a salary higher paying can petition the courts to modify the spousal support, so that he/she is paying less. If the recipient suffers a loss of salary or a medical problem traumatic he/she may submit a petition to the Court and request an increase in support.
Reimbursement of spousal support is paid in such a way that a spouse can "pay" to the other spouse for certain costs incurred by others. For example, if you are married to a physician and worked and help put him/her through the school of medicine, you will be able to obtain reimbursement of spousal support that the money spent to help build the career of your spouse payback. Payments can be made in a lump sum or over a period of time.