Get FL PC053048

Spousal support may be required from one spouse to the other in a divorce or legal separation case. Usually, the time period for the payments will be set in the support order issued by the court. ... However, there are certain instances wherein spousal support or alimony can be terminated earlier.

Earning less than your spouse. ... If you got married for a short period of time. ... Request for a vocational evaluation. ... Ask for modification of termination of alimony payment. ... Pre-planning with a prenuptial agreement. ... Quit any unhappy marriage relationship early enough. ... Pay property taxes.

Some common ways of calculating spousal support are to take up to 40% of the paying spouse's net income (post-child support), less 50% of the amount of the supported spouse's net income (if he or she is working). Spousal support can be waived by the recipient spouse.

Spousal support is usually paid on a monthly basis, but it can be paid as a lump sum. Why might one spouse be required to pay spousal support to the other? A spouse may have to pay spousal support if such payment meets one or more of the main purposes of spousal support set out in the Divorce Act.

When your former spouse is not paying alimony, returning to divorce or family court should be your first action. ... Your former spouse may continue to disobey the court's order to pay you. If this happens, the judge will likely institute a charge of contempt of court against your former spouse.

10 to 20 Years A long-term marriage is generally considered more than 10 years. In this instance if one party provides a need, the duration of assistance can go up incrementally depending on the judge. For example, if you were married 15 years, spousal support might last for 60 to 70 percent of your marriage length.

Unlike other types of alimony or spousal support, permanent alimony is usually paid until one spouse dies. As the name implies, permanent (or lifetime) alimony means that even if the paying spouse retires and lives on social security, they must continue paying alimony to the receiving spouse.

Generally, you aren't going to be able to obtain spousal support two years after the divorce is granted, but it may be possible.

For example, the parties' agreement may specify that alimony terminates upon the retirement of the payor, provided that certain specifications are met, such as after age 65.

Effect of the Payor's Retirement. When a payor retires, his or her income may be significantly reduced. ... Even if a payor's decision to retire was reasonable, and at an appropriate age, a court may decide only to reduce the amount of alimony, but not terminate it. Receiving Spouse's Circumstances.

However, once the person is of retirement age, then he or she can collect retirement benefits. In all cases, a person can't collect more than one Social Security benefit at a time. For alimony determinations, all types of Social Security benefits count as income.

California state law dictates that spousal support is not permanent! In fact, depending on circumstance it might only last a few years. In other cases, it can last for decades; but often the amount paid can be reduced significantly. ... 1) The paying spouse does not have to pay spousal support indefinitely.

It means that you went more than 30 days after being served with the petition for divorce without responding. As a result, your spouse may seek an entry of default, which is the first step towards having a judgment of divorce granted without...

Entry of default refers to the process where the person making a claim in a case makes a request before a court of law stating that the party against whom they have made a claim have failed to furnish any meaningful response to the claimant's pleadings within the time allowed for that. ... (a) Entering a Default.

A motion for default is a legal term of art. A motion for default judgment is typically filed when a defendant doesn't respond to a lawsuit within the time allocated by law. ... The party who sued you can file a motion asking the court to make a record of this.