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Answers to Tough Questions About Spousal Support

Posted on : February 7, 2017
Huntington Beach Divorce Lawyer

Spousal support is one of the “touchiest” subjects of divorce. The payer often doesn’t want to pay or is afraid of paying too much. On the other hand, the recipient is afraid they won’t have enough money to live on after the divorce. No matter what side of the issue you’re on, here are answers to your toughest questions about spousal support.

Do Only Women Get Spousal Support?

In the past when men typically worked and women stayed at home, women were awarded spousal support paid by men. However, times have changed greatly and this standard is archaic. A man or a woman can get spousal support in a divorce — the award determination depends on a wide variety of factors, but sex is not one of them.

Can I Get Spousal Support Later If I Decide I Need It?

Often, spouses are afraid of asking for support during the divorce, or they just don’t want to deal with the process of obtaining support. But if you wait and decide that you need support to make ends meet after the divorce becomes finalized, you won’t be able to get it. Spousal support must be awarded during the divorce. It can be changed after the divorce under certain circumstances, but not if it wasn’t awarded first.

Will I Have to Fight My Spouse for Support?

In some cases, a spouse may have to be aggressive with their petition for support. This is particularly true if the other spouse is vehemently against paying support. However, in other cases, two spouses can agree on spousal support and the court will honor the agreement. Two spouses can decide if they want support, who will pay it to whom, how much will be paid, and how long it will last.

Will Spousal Support Stop If I Remarry?

Spousal support automatically stops if the receiving spouse marries another person. There aren’t exceptions to this rule, however, many spouses who are receiving support will begin dating another person and become involved in a romantic relationship but remain unmarried strictly in order to continue receiving support from their ex-spouse.

If you have questions about spousal support, whether you will potentially be paying or receiving support, don’t hesitate to get an attorney involved in your case. Contact Huntington Beach divorce lawyer Barbara E. McNamara today for more information and to schedule a consultation to discuss the specifics of your divorce. Call now at (714) 740-2542.

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