Am I Entitled To Spousal Support?

It is up to each married couple how they wish to divide responsibilities such as raising children, earning income, and maintaining the household. No matter how they choose to divide these responsibilities, however, the underlying expectation is that married couples will work together to support and balance each other. When a marriage ends, each of the spouses is expected to support him/herself individually. For some people, this is easier said than done. Keep reading to learn more about the resources that are available to people in this situation, courtesy of the team at Phillips, McElyea, Carpenter, & Welch, P.C.

Understanding Spousal Support

 Spousal support, alimony, and spousal maintenance are all terms used to refer to payments someone extends to his/her ex-spouse after their marriage has ended. Maintenance laws exist to protect lower-earning spouses who may otherwise be unable to support themselves after getting divorced. It is not always the case that a higher-earning spouse will be ordered to pay alimony after the divorce, but two factors that are taken into consideration when awarding alimony include:  
  1. Whether or not the lower-earning spouse has a financial need for spousal support; and
  2. Whether or not the higher-earning spouse is in a financial position to pay spousal support.

How Spousal Maintenance Is Determined

If you are seeking to receive spousal support after your divorce, you will have to demonstrate to the Court that you are unable to provide for yourself in the manner to which you were accustomed during your marriage. You will need to provide an accurate representation of all your expenses as a newly single adult: groceries, utilities, phone bill, child-rearing costs, etc. You will also need to show your monthly income. If your necessary expenses significantly outweigh your income potential, you may be entitled to spousal support.

How Alimony Orders Work

If the court determines that you are in need of spousal support, your ex may be ordered to provide alimony to you on either a temporary or permanent basis. Most likely, your alimony order will be designed to help you make ends meet while you take steps to become financially stable and support yourself. As examples, your alimony order may end when:
  • You get a full-time job,
  • You remarry, or
  • Circumstances change that allow you to pursue full-time employment, such as completing your degree or your children moving out

Enforcing Alimony Orders

Unfortunately, just because your spouse has been ordered to provide spousal maintenance does not mean that he or she will follow through. The Court offers a number of different methods to enforce alimony orders, however. Examples include:
  • Placing a lien against the payer's real estate
  • Taking money directly from the payer's paycheck
  • Seizing the payer's personal assets or bank accounts

Contact PMCW Law For More Information About Spousal Support 

Supporting yourself after a divorce may seem daunting, but spousal support can help to ease the transition. If you have questions about whether or not you will be entitled to spousal support, or if you are not receiving alimony payments you have been promised, we encourage you set up a consultation with one of our family attorneys in Camden County. Our experienced team members would be more than happy to assist you through this challenging situation.
Law Offices of Phillips, McElyea, Carpenter, & Welch, P.C.
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