Spousal Support – Special Circumstances

When a married couple separates, or divorces, the court order or divorce decree may require one spouse or partner to pay the other a specific amount of money every month. These payments are referred to as spousal support.

What Are Some Types of Spousal Support?

Spousal support may be paid in regular installments or in a lump sum. There are three categories of spousal support, including:

• Transitional
• Compensatory
• Spousal maintenance

It is important to be aware that more than one type of spousal support may be ordered in a case.

Transitional support

Transitional support is provided to one spouse in order to receive an education or training to re-enter or advance in the workplace. This may be necessary in cases where one spouse did not work or obtain an education in order to support the other spouse or care for children.

Transitional support may be used to allow one of the parties the opportunity to obtain the education or training that is necessary for them to prepare for reentry into the job market or for advancement in their job market. This category of support is often granted in shorter or mid-length marriages where one of the parties may require additional resources for a limited time in order to become gainfully employed and to transition into single life.

Compensatory support

Compensatory support may be ordered when one of the spouses makes a significant financial or other form of contribution to the other spouse’s:

• Education;
• Training;
• Vocational skills;
• Career; or
• Earning capacity.

Compensatory support is provided in cases where one of the parties has made a significant financial or other contribution. It is also provided in cases where one of the parties is awarded substantially more value in the property during the dissolution, and there are no other assets that can be used to offset the property award.

It is important to note that compensatory support is not commonly awarded.

Spousal maintenance

Spousal maintenance is provided so that a spouse can maintain a standard of living similar to the one they had during the marriage. This type of support is typically only ordered after the dissolution of a long-term marriage where there is a significant gap between the earning capacity of the parties that will likely never be closed or in situations where one party lacks the ability to gain meaningful employment in the future.

Spousal maintenance is a contribution by one of the spouses to the other that may last for a specific time or may continue indefinitely. It is important to note that spousal support may not automatically terminate if the receiving spouse remarries.

In the majority of situations, however, courts would prefer to disentangle the parties if possible or otherwise equitable instead of ordering spousal support.

When Will Spousal Support Be Ordered?

A court may order spousal support to be paid during the course of the divorce, after the divorce is finalized or both. Usually, the court will order spousal support for a specific purpose and for a limited amount of time.

Maintenance or temporary maintenance is money that is ordered to be paid to the other spouse while the divorce case is pending in court. In the State of New York, for example, there is a presumption formula that is used to determine how much temporary maintenance or support should be paid.

According to the Legal Assistance of Western New York, however, a recent regulation set presumptive amounts and length of time for maintenance payments following a divorce. These guidelines are presumed to be the correct time limits and amounts.

However, a court will still have the discretion to order a different amount if the court explains why it believes it is appropriate. Spousal maintenance or support may also be called alimony.

Some states may still use the term alimony, although it has not been used in the State of New York for many years. One former spouse pays spousal support to the other to help with meeting their needs, such as preserving a similar lifestyle to that they enjoyed during their marriage or allowing one spouse to become self-sufficient.

Spousal support will not be awarded in every type of case. It may only be ordered in the dissolution of marriage cases and not in paternity or unmarried custody cases.

How Is Spousal Support Calculated?

Spousal support is not calculated based on a formula similar to child support. Instead, it is calculated based on what is just and equitable under the circumstances.

The amount and duration of spousal support will be based on numerous factors, which may include, but are not limited to:

• The duration of the marriage, as it is generally not awarded after short-term marriages;
• The ages of the parties;
• The health of the parties;
• Any work experience and earning capacity, which is one of the most important factors;
• A court will examine the standard of living the couple had during the marriage;
• How the couple dealt with property division in the marriage;
• The parenting plan regarding children;
• The responsibility for debt, costs of healthcare, and other similar issues.

The laws governing spousal support and children are complicated and can greatly impact the resources and lives of the parties involved. Because of this, it is important for all parties to obtain legal representation to protect their interests and rights.

Can Spousal Support Be Modified?

In certain situations yes, spousal support may be modified. It is important to note, however, that the court may be hesitant to modify an award unless there is a material change in circumstances.

Either of the spouses can request a hearing to modify the amount or length of spousal support based on a substantial and unanticipated change in the financial circumstances of either party. The circumstances that may support a modification of spousal support include:

• The recipient spouse losing their job;
• Lost assets;
• An illness or disability that affects the receiving spouse’s ability to earn income; or
• Any other significant changes that occurred since the spousal support award was made.

There are also other special circumstances that may be determined as part of the common law or state statutes, such as:

• An increase in the cost of living
• An increase in the income of the paying spouse
• Unemployment of the receiving spouse

In addition, the receiving spouse has the burden of showing that the change warrants a modification of the existing order and that the other spouse does have the financial ability to continue paying the amount of spousal support. If rehabilitative support was ordered, the receiving spouse may also be required to show that the extension is consistent with the rehabilitative goals that were established in the original agreement or decree.

In certain situations, the court may not grant a modification of the spousal support award because of special circumstances. For example, a court may not order an extension of the receiving spouse’s payments if they contributed to their dire financial circumstances, such as if they quit their job.

On the other hand, if the receiving spouse is not as dependent because they have another source of income or support, the court may determine that the paying spouse has an adequate need to justify a modification.

When Do I Need to Contact a Lawyer?

If you have any issues, questions, or concerns related to spousal support or special circumstances, it is essential to consult with an alimony attorney. Your attorney will evaluate your case and help you determine if you can modify the support amount, whether you are the paying or receiving spouse.

In addition, if you are considering filing for a separation or divorce, it is important to consult with an attorney first to ensure your spousal support request is properly included in your filing. Having a lawyer handle your case is the best chance at a fair and equitable division of property and spousal support payment amounts for both parties.