Spousal Support:

Spousal support is the payment made by one spouse to another spouse during a legal separation or a divorce. It is also known as alimony or Rehabilitative support. If a divorce or legal separation occurs it becomes difficult for a spouse who has low income or no income at all, to lead an ordinary course of life. It is the duty of the other spouse to support such spouse. The payment for spousal support is made for a particular period of time until the spouse earns for his self-support. This payment for a particular period of time to enable the supported spouse to obtain a career for self-supporting is also known as rehabilitative support.

Consult a family law attorney to claim all your rights from the other spouse, to get the appropriate support for you or to defend for any support to be given and an experienced attorney will assist you to obtain all your rights.

Payment of spousal support during the marriage

If the other spouse does not support you and the children during the marriage life, it becomes difficult for you to run a married life and to take care of you and your children. It is the responsibility of the husband to take care of his wife and children, to support them from the income what he gets, unless he becomes disabled or due to any other special circumstances he cannot provide the support to his family. In such a situation, you can file a petition in the court, explaining the above facts asking a direction to support you and your children.

Payment of spousal support during a Divorce or Separation

If the divorce or separation case is pending before a court, you can file a petition seeking for temporary order to support you and your children till the date of getting the order for divorce or separation.

Payment of spousal support after the divorce or separation

If your marriage ends in divorce or separation for a period of time, the court after considering all the facts and circumstances as to the earning potentiality of the paying spouse and the needs of the supported spouse, decide the amount of payment, duration of the payment, when and where to be paid to the other spouse.

On what basis the amount for spousal support is calculated?

The court shall calculate the payments for the spousal support based on

• The earning capacities of the spouses to maintain a standard of living.
• The skills what the supported spouse possesses, whether those skills can self support to earn a living, or the spouse should be educated or trained, or the spouse should be retrained to acquire more skills to get an employment.
• The contributions to be made by the paying spouse for training, education, career, and professional license.
• The ability of the paying spouse to make support payments taking into consideration all his income, what one earns and income got from assets and from any other business.
• The impairment of the paying spouse earning capacity during the period of unemployment.
• The needs of each spouse based on the standard of living during the married life.
• The obligations and assets of each spouse, the duration of married life, the age and the health of the spouse.
• The ability of the supported spouse to be employed without interfering with the child’s care responsibilities.

Duration & Modification