Spousal Support

Spousal support or “alimony” in the case of a divorce, is derived from many factors related to the facts of the marriage. In some cases, such as a divorce for cause, i.e. for adultery, abandonment, etc., the court may decree that no support is owed to the offending spouse. In other matters, the court generally decrees that one spouse is owing support, either temporarily or permanently. The court may decree that such support be made in a “lump sum” payment or on a regular schedule, or for a specific period of time or until the need is no longer present. In general, the court takes into consideration many factors in determining the amount owed including the financial situation of each party; which party has possession of the marital home; which party has custody of the children, the age, education, and relative income potential of both parties; the monetary or non-monetary contribution of either party to the marital estate and the family well-being; the lifestyle to which the parties became accustomed during the marriage; and length of the marriage. Again, aside from these factors, the courts are given a large amount of discretion in assessing spousal support orders; and thus, a separation settlement agreement establishing a payment schedule and amount may be preferable to allowing the courts to wield such discretion. The attorneys at our firm have the experience and knowledge to best represent you in such instances.

However, spousal support payments are not made in perpetuity and are subject to amendments or even cessation upon a “material change in circumstances” requiring such a change. Examples include remarriage of the receiving spouse, but may encompass myriad different and nuanced issues.

The attorneys of Dickerson & Smith are experienced in handling all aspects of spousal support disputes and look forward to representing you. Please call today for an appointment at 757 463 4900.