Spousal Support

(formerly Alimony)
Spousal support is a sum of money usually paid by one spouse to another spouse for the
support and maintenance of that spouse. The factors considered by the court in awarding spousal support are as follows:

.....1. The past relations and conduct of the parties.

.....2. The length of the marriage.

.....3. The ability of the parties to work.

.....4. The source and amount of property awarded to the parties.

.....5. The age of the parties.

.....6. The ability of the parties to pay spousal support.

.....7. The present situation of the parties.

.....8. The needs of the parties.

.....9. The health of the parties.

.....10. The prior standard of living of the parties and whether either is responsible for the support of others.

General principals of divorce in which spousal support is not granted must either
expressly reserve the question of spousal support or rule that neither party is entitled to spousal support. A Judgment silent as to spousal support reserves it.

Regular or periodic spousal support clauses in the Judgment of Divorce are modifiable at
any time. A modification of spousal support is based upon a showing of a change in
circumstances, which would warrant a modification.

Regular spousal support is usually taxable to the recipient, and is deductible by the payor.
The phrase “payment until death or remarriage,” must be part of the spousal support clause, if it is to be considered as taxable spousal support.

Another type of spousal support, referred to as “Alimony in Gross,” has all the attributes
of a property settlement; however, it is not taxable to the recipient, it is not deductible by the
payor, and it is not modifiable.

There are many tax consequences and restrictions in regard to spousal support and
Alimony in Gross, which should be explained to you by your attorney and your accountant. As
tax laws and their interpretation continually change, as well as State laws and their
interpretations, your attorney cannot guarantee any tax consequences resulting from your divorce proceedings and the Judgment of Divorce.

Spousal support can be paid through the office of the Friend of the Court. This enables a
party to obtain the Friend of the Court enforcement without additional attorney fees. Parties may also “opt out” of the Friend of the Court services.

Enforcement of spousal support payments is usually instituted by an Order to Show
Cause. The procedure will be explained to you, by your attorney, upon request.

PROPERTY

The parties usually arrive at a settlement of all their property rights after negotiation or after mediation. If settlement is not reached, the matter will be decided by the court after the trial is concluded. Again, you are advised that you must be absolutely sure that you understand and accept the settlement as written, or placed on the record in open court, as property settlements are not modifiable, except in rare cases of fraud, duress, clerical error, mutual mistake or gross unfairness.

Enforcement of property settlements may be made through provisions provided in the Judgment by execution, show cause, garnishment, or other contractually agreed upon methods. Your attorney will explain these procedures with you, upon request.

In determining property issues, the court will usually consider the following: age of the parties, health of the parties, sources of the property, length of the marriage, how the property was accumulated, needs of the parties, needs of the children, earning ability and capacity of the parties, fault of the parties, and other equitable factors.