Spousal Support: Post Separation Support and Alimony

What is spousal support?

There are two types of spousal support: post-separation support and alimony. Post-separation support is temporary support that is usually paid until an award of alimony is granted or denied. Alimony is ongoing financial support paid from one spouse to the other. You should consult with an attorney to determine whether spousal support may be an issue in your domestic matter.

Will I have to pay spousal support?

Financial support is typically paid when one spouse is financially dependent (dependent spouse) upon the other spouse (supporting spouse). Often times, both spouses are financially dependent upon each other. For spousal support to be awarded, however, there usually must be a disparity in income, and the reasonable needs of both parties should be met. There must also be an ability to pay spousal support by the supporting spouse.

How much spousal support will I get? How much spousal support will I pay?

There is no set criteria for determining the amount or duration of spousal support although the court will consider the parties’ accustomed standard of living during the marriage. Many other factors, such as marital misconduct, may be considered.

Are post-separation support and alimony payments tax deductible?

Yes. Spousal support payments may be taxable to the payee and may be deductible to the payor, depending on how they are treated in an agreement or court order.

BACK TO TOP