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Legal Definitions - spousal support
Definition of spousal support
Spousal support refers to financial payments made by one former spouse to the other following a divorce or legal separation. The primary purpose of spousal support is to help the receiving spouse maintain a reasonable standard of living or achieve financial independence, especially when there's a significant difference in income or earning capacity between the parties, or if one spouse sacrificed career opportunities for the benefit of the marriage or family. These payments are typically established through a divorce agreement or a court order and can be for a specific duration or, in some cases, indefinite. It is also commonly known as alimony.
Here are some examples illustrating spousal support:
Example 1: Long-Term Marriage with Disparate Earning Capacities
After a 28-year marriage, Eleanor and Thomas decide to divorce. During their marriage, Eleanor dedicated herself to raising their children and managing the household, occasionally working part-time in low-wage positions. Thomas, meanwhile, built a highly successful career as a corporate attorney. Given Eleanor's limited recent work history and significantly lower earning potential compared to Thomas, a court orders Thomas to pay Eleanor spousal support. This support aims to help Eleanor maintain a lifestyle somewhat consistent with what she enjoyed during the marriage and to provide her with financial stability as she transitions to independent living.
Example 2: Temporary Support for Education and Re-entry into Workforce
Maria and Carlos divorce after eight years. During their marriage, Maria put her career as a graphic designer on hold to support Carlos while he completed his medical residency. Now that Carlos is a practicing physician, Maria wants to return to school for a two-year program to update her design skills and re-establish her career. A court might order Carlos to pay Maria spousal support for those two years. This temporary support allows Maria to focus on her education and become self-sufficient, acknowledging her contribution to Carlos's career advancement and her temporary need for financial assistance.
Example 3: Maintaining a Standard of Living After a High-Income Marriage
Sarah and Michael are divorcing after 12 years. Michael is a successful entrepreneur with a high annual income, while Sarah works part-time as a marketing consultant, earning significantly less. Even after the division of marital assets, Sarah's income alone would not allow her to maintain a standard of living comparable to what she experienced during the marriage. To prevent a drastic decline in her quality of life and to help her adjust to her new financial circumstances, a court orders Michael to pay Sarah spousal support. This helps bridge the income gap and ensures a more equitable financial transition for Sarah.
Simple Definition
Spousal support refers to monetary payments made by one former spouse to the other following a divorce. These payments are typically for a specified period and are established by a divorce agreement or court order. This term is also commonly known as alimony.