Family Law News

Spousal Support

Spousal maintenance may be awarded where there is need on the part of one spouse and ability to pay by the other.

Once called alimony, spousal support is now referred to as maintenance. It will not be awarded or withheld as punishment for marital misconduct. The duration and amount depend upon the facts and circumstances of each case.

In determining the need for maintenance, and the appropriate duration and amount, the court will consider:

financial resources of each party;  work experience and earning prospects of each spouse, including consideration for the time required for one spouse to obtain training for becoming employed or self-supporting; age and physical and emotional conditions of each party; the duration of the marriage;
the standard of living established during the marriage.

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	Did You Know?
	You may be able to leave your pension to your spouse or child. In general, if you are married, your spouse is entitled to a portion of your pension if you die first. There is some cost to that, however, that usually serves to reduce the monthly retirement payments you would have received if the benefits were to be paid just during your lifetime. If you and your spouse agree, you can waive this survivor benefit protection, and/or sometimes name some other person(s) (such as a child) as your beneficiary. Consult with your family lawyer and review the plan summary carefully to find out your rights and responsibilities in this area.