Spousal support is one of the most important decisions that couples have to make after a divorce. It is a legal obligation that a higher-earning spouse is required to pay to the lower-earning spouse. The primary purpose of spousal support is to provide financial assistance to the lower-earning spouse until they can become self-sufficient. However, there are different factors that determine how long spousal support usually lasts. In this post, we’ll share everything you need to know about spousal support and how long it usually lasts.
- Factors that Determine the Duration of Spousal Support
The duration of spousal support varies depending on different factors, such as the length of the marriage, age and health of both spouses, income and earning capacity, and standard of living. The length of the marriage is one of the most significant factors that determine how long spousal support will last. In most jurisdictions, short-term marriages (less than five years) usually warrant a shorter spousal support duration than long-term marriages (more than ten years). Age and health also play a crucial role in the spousal support duration, as the spouse’s health may affect their ability to earn a living after the divorce.
- How Long Does Temporary Spousal Support Usually Last?
Temporary spousal support is awarded during the divorce proceedings and is usually terminated once the divorce is finalized. The duration of temporary support varies depending on the length of the divorce proceedings. In most cases, temporary spousal support lasts until the divorce is finalized. However, this may be extended if the divorce proceedings take longer than expected.
- How Long Does Permanent Spousal Support Usually Last?
Permanent spousal support is awarded after the divorce is finalized and is usually expected to last indefinitely. However, permanent spousal support may be terminated if the court determines that the recipient spouse is capable of becoming self-sufficient or if the recipient spouse remarries or cohabits with a new partner. However, permanent spousal support is very rare, and most spousal support obligations have an end date.
- How Long Does Rehabilitative Spousal Support Usually Last?
Rehabilitative spousal support is awarded to help the recipient spouse become self-sufficient by investing in education, training, or gaining work experience. Rehabilitative support usually has a specified end date, which is when the recipient spouse is expected to become self-sufficient. The duration of rehabilitative spousal support varies depending on the recipient spouse’s education, training needs, and the length of time it takes to gain work experience.
- Can Spousal Support Duration Be Modified?
Yes, spousal support duration can be modified under certain circumstances. A change in either spouse’s income or earning capacity may warrant a modification of the spousal support order. Navigating the complexities of separation and divorce in San Diego? Visit www.mchfamilylaw.com to schedule a consultation with our San Diego divorce and separation experts today. If the recipient spouse remarries or cohabits with a new partner, spousal support usually terminates. However, if the recipient spouse’s new partner’s income does not meet their needs, spousal support may continue.
In conclusion, spousal support is an important financial obligation that divorcing couples should consider carefully. There are different types of spousal support, including temporary, permanent, and rehabilitative, which have different durations. The duration of spousal support depends on different factors, such as the length of the marriage, age and health of both spouses, income and earning capacity, and standard of living. The court may also modify spousal support duration depending on the circumstances. Therefore, it is important to seek the advice of a qualified divorce lawyer when making decisions regarding spousal support.