Spousal support, more commonly known as alimony, can be applied regardless of whether children are involved or not. Spousal support can also be enforced when one spouse proves that they would experience a significant shift in lifestyle upon divorce. In order to be eligible for spousal support, some of these shifts can include.
1. Need: If it can be proved that the spouse would suffer a reduction in income due to divorce, that spouse would be eligible for support. This is the most common proof provided, especially if he spouse was unemployed or if he or she was in danger of losing property as a direct result of the decrease in income. For instance, the inability to pay a mortgage after divorce could be proof for spousal support.
2. Contract: Many states recognize prenuptial agreements as binding. Therefore, a spouse who signs a prenuptial agreement may be ineligible for spousal support, especially when there is any settlement involved. However, those who enter into a marriage without any prenuptial agreement are eligible, especially if they can demonstrate need.
3. Fault: In some states, the idea of fault can also be a condition that can deter mine eligibility for spousal support. An example of fault would be one spouse cheating on the other. Though not always taken into account, if it leads back to need, it could be granted.
Proving need is the most effective way of determining eligibility for spousal support. Those considering filing for it should have documentation at the ready. For more information about spousal support, contact this alimony case attorney in San Diego.
No comments:
Post a Comment