Divorce proceedings often involve complex financial considerations and spousal support, which is often referred to as alimony or maintenance. However, these considerations are always considered to be a critical element.
When a relationship ends, one spouse may be entitled to receive financial assistance from the other to handle economic issues that arose during the union or to support their new journey as a single person or parent.
Navigating these essential things effectively calls for professional expertise of a divorce lawyer in Surrey, who can advocate for the best interests of their clients.
In this article, you will explore how a separation lawyer approaches spousal support cases, outlining the key factors considered, the calculation methods employed, etc. You will also learn the role played by legal professionals in securing fair and just outcomes.
What Exactly is Spousal Support?
Spousal support is not an automatic entitlement. In fact, it is a payment from one spouse to the other after separation or divorce, intended to address specific financial needs and objectives.
These objectives, which are recognized by family law, include:
- Compensating for Economic Advantages/Disadvantages:
The court recognizes how the relationship and its breakdown have impacted each spouse’s financial position, especially if one of them sacrificed career opportunities to support the other or raise children.
- Sharing Financial Consequences of Child Care:
The court is also responsible for ensuring that the spouse primarily responsible for child care is not unduly burdened from a financial point of view.
- Lowering Financial Hardship:
The lawyers will encourage the separating couple to mitigate the economic difficulties one of them may face due to the separation.
- Encouraging Self-Sufficiency:
The court will also ensure that the spouse receiving spousal support is encouraged and enabled to become financially independent within a reasonable timeframe.
Additionally, it is important to differentiate spousal support from child support. While child support is primarily for the benefit of the children, spousal support addresses the financial requirements of the former spouses themselves.
What are the Factors Influencing Spousal Support?
Divorce lawyers meticulously analyze various factors ot understand if spousal support is required, and if so, the amount and duration the receiving spouse needs it. These factors include:
- Length of the Relationship:
Usually, longer relationships tend to result in longer periods of spousal support, as the economic interdependence between spouses is often more significant.
- Roles During the Relationship:
The contributions of each spouse, whether financial or non-financial, are considered. If one spouse significantly backed off from their career opportunities for their family, this will strengthen a claim for support.
- Financial Means and Needs of Both Spouses:
This is a fundamental consideration. Lawyers assess the income, assets, debts, and reasonable expenses of both parties to analyze the capacity to pay and need for support.
- Age and Health of Spouses:
A spouse’s age and health can impact their ability to re-enter the workforce or increase their earning capacity.
- Ability to Become Self-Sufficient:
The court will consider the time and resources a spouse might require to achieve financial independence, as mentioned earlier.
- Existing Agreements or Orders:
If there are any pre-existing agreements, like a cohabitation agreement or marriage contract(pre-nuptials), these agreements will be taken into account by the court.
- Influence of Child Support:
When an important matter like child support is involved, the court will consider it as the top priority. The calculation of spousal support is often adjusted to account for child support payments and ensure that the financial needs of the children are met first.
- Standard of Living During Relationship:
While it cannot be considered a guarantee of maintaining the exact same lifestyle, the standard of living enjoyed during the relationship is a relevant factor in determining appropriate support levels.
How is Spousal Support Calculated?
According to an experienced family lawyer, there is no single, tested formula to calculate spousal support. However, courts and legal professionals comprehensively use the Spousal Support Advisory Guidelines as a starting point.
Although these guidelines are not legally binding, they provide a framework and ranges for support payments based on different scenarios.
Lawyers apply the SSAGs to specific situations, considering whether children are supposed to be involved, the incomes of both spouses, and the length of the relationship.
Here’s a simplified overview of how calculations may proceed:
- Without Children:
The calculation at this stage involves the difference in the gross incomes of both spouses. For each year of the relationship, a percentage of this income difference is used to determine a range for spousal support.
However, there’s usually a cap, which is often around 50% of the income difference, especially for longer marriages. For very long marriages, the range may be higher, which will sometimes aim to equalize incomes.
- With Children:
The calculation becomes more intricate when children are involved. It often involves determining the individual net disposable income of each spouse after child support payments are factored in.
The goal is to ensure that the lower-income spouse, after receiving both child and spousal support, has a certain percentage of the combined INDI. Such an approach prioritizes the financial needs of the children and then aims to balance the disposable incomes of the parents.
At the same time, it is essential to remember that these are just guidelines, not strict rules.
What’s the Role of a Divorce Lawyer in Spousal Support Cases?
Divorce lawyers play an important role in spousal support issues, such as:
- Providing legal advice and guidance, and educating their clients on their rights and obligations concerning spousal support.
- Gathering and analyzing financial information.
- Negotiating settlements and ensuring a fair and justified spousal support arrangement.
- Mediation and Alternative Dispute Resolution.
To Summarize
Spousal support cases are definitely personal and carry financial significance for the separating individuals. To deal with these complicated matters, the expertise of an experienced divorce lawyer is essential to ensure a fair and equitable outcome.
The lawyer specializing in such cases analyzes financial circumstances, applies guidelines, and skillfully negotiates or litigates to help individuals secure their financial future and achieve a sense of stability as they enter a new phase of their lives.
