Do You Know the Differences in Spousal Support Types?
The skilled family lawyers at Mills & Anderson can help you understand spousal support types. Below, we describe the potential types of spousal support that a court can award during or at the end of a divorce. Contact us today!
Qualifying for Spousal Support
First, the person requesting spousal support must be eligible for support. Generally, to qualify for support, the recipient must show that they have a financial need, and the payor spouse must be able to pay.
The factors that the court looks at to decide if and for how long to order spousal support are:
- Each spouse’s financial condition,
- The value and nature of each spouse’s separate property,
- Each spouse’s contribution to shared property,
- The length of the marriage,
- Each spouse’s income and earning capacity,
- The age and health of each spouse,
- The standard of living the parties enjoyed during the marriage,
- The career the receiving spouse had before marriage,
- The education and skills each spouse attained during the marriage,
- Homemaking contributions of each spouse,
- The nature and value of property awarded to the receiving spouse, and
- Physical and mental conditions of either spouse that might affect their financial condition or ability to work.
The spouses can agree to spousal support, or the court may order support. When the spouses agree to support, a court will generally approve their agreement.
There are several different types of spousal support available. The length of time one must pay spousal support ranges greatly. It can last for a short time, or it can last until one spouse dies. It can also fall somewhere in between the two. The length and type of spousal support available depend entirely on the specifics of each marriage.
Temporary Spousal Support
Divorces can sometimes take a long time to finalize. One spouse, however, may need financial assistance during the divorce process, especially if they have been financially dependent on the other spouse during the marriage. They may need to move out, look for a job, and get some help covering their daily needs before the court finalizes the divorce.
Spouses are thus permitted to request temporary maintenance or support while their divorce or legal separation proceeding is pending. To request temporary spousal support, you’ll have to file a motion with the court that is handling your divorce proceeding or legal separation case. This short-term/temporary spousal maintenance lasts only while the divorce is pending. It ends once a court finalizes the divorce order.
Rehabilitative Spousal Support
Sometimes a spouse needs additional time after the divorce to become financially independent. Perhaps they need to pursue training, gain experience, or get a degree to return to the workforce. This is particularly true if one spouse gave up their career to raise children while the other spouse worked. A court may thus award short-term rehabilitative support for the spouse who needs some time to re-enter the workforce.
To grant this type of support in Nevada, the court must consider the standard alimony factors as well as two additional factors:
- Whether the paying spouse was able to obtain greater education or job skills during the marriage than the receiving spouse, and
- Whether the receiving spouse provided financial support to allow the other spouse to obtain their education or job skills.
Thus, a court is more likely to order rehabilitative alimony if one spouse made financial or career sacrifices to allow the other spouse to increase their earning capacity during the marriage.
A court may award the recipient of rehabilitative alimony additional money for:
- Aptitude testing and evaluation,
- Career guidance to establish a training or education plan,
- Subsidizing an employer’s costs to train the person,
- Job search costs, and
- Tuition, books, and fees needed for a GED, college courses, or skills training.
Rehabilitative support may have a fixed timeline with a definitive end date. Or it may end when some event occurs, such as when the recipient spouse graduates from college. Additionally, the court must specify a deadline for the alimony recipient to begin their training or education.
Long-Term and Permanent Maintenance
Long-term/permanent spousal maintenance is a type of spousal support awarded to a spouse who is not capable of becoming financially independent. Whether a court awards long-term support depends on a variety of case-specific factors, such as:
- The length of the marriage;
- Whether the recipient spouse has a disability or is of advanced age; or
- Whether the recipient spouse is able to acquire the skills needed to re-enter the workforce.
For example, the court may award long-term or permanent support if you’ve been married for 25 years and one spouse stayed home to raise the children for nearly all of those years. However, a court is unlikely to award long-term/permanent support if you’ve been married for only a few years.
How long does long-term or permanent support last? The payor spouse’s obligation to pay spousal support ends upon:
- The date specified in the decree of divorce,
- Remarriage of the recipient spouse, or
- The death of either spouse.
Additionally, if your circumstances change, you may be able to petition the court to modify alimony. However, this type of modification would apply only to future alimony payments, not those that had already accrued.
Lump-Sum Alimony
In some cases, alimony may be awarded in a single lump sum. In that case, the paying spouse’s alimony obligation ends permanently after they have delivered the lump sum. This type of award is unusual but may make sense for you depending on your circumstances.
Contact Our Attorneys for Help with Spousal Support
Understanding the different spousal support types can be confusing, especially when trying to figure out if they should apply in your situation. A divorce is already a stressful time. You don’t have to navigate the process of requesting spousal support alone. Mills & Anderson can help you understand the different types of support and negotiate for what is right for you. Contact us today for a consultation.
