Spousal Support Workshop

Today’s video and related materials provide information about spousal support which includes Post-Separation Support (PSS) and permanent alimony.

Gather documents

Collect the information itemized in “Steps to Divorce” that you downloaded on Day 1—especially your most recent pay stubs, tax returns, and evidence that supports your monthly income and expenses. You should also begin detailing any marital fault committed by you or your spouse so that your attorney can properly advise you on spousal support.

You will need to complete a:

• Financial Standing Affidavit
• Collect evidence (e.g., monthly bills, bank statements) that support your income and expenses shown on your FSA.

Start collecting all receipts and evidence of your monthly expenses now!

Document marital fault

Any evidence you have of marital fault may be important in obtaining spousal support or defeating a claim by your spouse for such support. If you are the dependent spouse and your spouse does not raise marital fault as a defense to paying spousal support, their marital fault is not generally relevant. However, if the supporting spouse raises marital fault as a defense to paying spousal support, the marital fault of both spouses becomes relevant. Text messages, cell phone records, hotel records, spending habits, and so forth become important evidence of marital misconduct. When one spouse commits marital fault, the other may be able to obtain a Divorce from bed and Board.

Marital fault includes:

• Illicit sexual behavior including but not limited to adultery.
• Involuntary separation of the spouses in consequence of a criminal act committed prior to the proceeding in which alimony is sought.
• Abandonment.
• Malicious turning out of doors.
• Cruel or barbarous treatment endangering the life of the other spouse.
• Such indignities as to render the condition of the other spouse intolerable and life burdensome.
• Reckless spending of the income of either party, or the destruction, waste, diversion or concealment of assets.
• Excessive use of alcohol or drugs so as to render the condition of the other spouse intolerable and life burdensome.
• Willful failure to provide necessary subsistence according to ones means and condition so as to render the condition of the other spouse intolerable and life burdensome.

Payments

If you believe you are the dependent spouse, you should ask your spouse to pay you an amount for spousal support as soon as you separate. You should seek the help of an attorney in determining the amount. If you are the supporting spouse, you should speak to an attorney before you start making payments. Paying too little could cause you to be ordered to pay your spouse’s attorney fees. Paying too much could set a standard by which the court orders you to continue payments.