Spousal Support - What the Law Says about it
More and more cases of divorces are cropping up on a regular basis due to one reason or the other and the couples deciding that they do not want to live together. When a divorce case comes up, there is always a talk of their combined assets being distributed equally amongst both. This is nothing but spouse support. This law comes from the fact that both the individuals need to support themselves in the world now that they are going to be single again and taking care of their financial matters themselves. The finances allocated to both the people are equal and no one gets more than the other.
The main reason why this law came into existence was because it was realized that all the divorces came as a result of some unexpected occurrence and were not something that was planned. Because of this, both or one of the two was always left in a position wherein they would have to compromise on their standard of living once the divorce gets through. Spouse support seemed to be the only answer to this problem under which all the distribution was done in the presence of a judge and the decision taken by mutual agreement.
Spouse support hearing is done keeping in mind the current financial condition of the couple, their lifestyle, their incomes and the assets owned by them. This requires that both come out in the open about all the property they have, both movable and non-movable. Also included into consideration are the loans or liabilities that they are entitled to repay. For getting proper spousal support in Alberta divorce cases are filing with help of lawwyers. The support can be given either as a onetime payment in the form of money and property or in payments of small denominations done on a regular basis by one to the other. There can be dire consequences if the payments are not done on time or if the entitled person refuses to abide by the agreement as it can lead to criminal trials.
Cost for Support
Spousal support is referred to as the paying or assigning of assets from one spouse to another after a divorce. The spouse is either a husband or a wife who is dependent upon the other to make ends meet. Usually, this type of finance given to a former husband or wife is often associated with the term alimony and has become more litigious than ever, especially in California, resulting from the new decisions of the California divorce law. Note that one divorced spouse does not mean he or she will be obtaining more money than the other.
Spousal support laws aim to prevent unprepared divorced spouses from reducing their standards of living. However, sharing of debt responsibility or dividing of conjugal property is agreed upon between spouses when getting a divorce. Then after the divorce, couples may come to terms about having this type of monetary assistance. Typically, divorce is set in a court hearing and alimony arrangements may take place after.
After separation, spousal support is granted after consideration of a number of applicable factors. Firstly, it includes the marital misbehavior of a husband or a wife, each of their earnings and their earning capacity. The second factor pertains to each of the spouse's physical, emotional, and mental condition. The third is about the accustomed lifestyle of each spouse. And lastly, it concerns each of the spouse's assets and liabilities.
Alimony is decided upon a separation agreement which can be settled outside the court. Then, the court can grant a post separation support or alimony by continuing payments in a hefty sum, withholding income, or transferring the title of a spouse's property to the other. A court may also order other means of payments used to settle an obligation that include mortgages, deeds of trust, or stock bonds.
A supporting spouse's income during the alimony hearing can be used as grounds for his or her earnings. There are legal consequences if a spouse tries to avoid financial responsibility. The supporting spouse may be charged with criminal contempt laws, arrest and bail, all enforceable by the California state law. For instance, if the dependent spouse committed adultery, his or her entitlement to an alimony award is lost especially if the act is the one that led to the couple's divorce in the first place.
During the alimony process, divorcing spouses are caught unprepared to deal with counter negotiations, settlement offers, and other complexities in connection with spousal support. It is always wise to have a full understanding of entitlement process and financial repercussions. Approving financial terms without completely understanding them may cause financial breakdowns up ahead.