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DIVORCE, SEPARATION, AND PROPERTY

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SPOUSAL SUPPORT


     Spousal support, or alimony, is designed to provide the lower-income spouse with money for living expenses, either temporarily or long term. The amount of spousal support payable to a party is not determined by a mathematical calculation using statewide guidelines as child support is. The amount of support is determined by standards relating to the needs of a party, their relative ability to earn income, both now and in the future, their age and health, the length of the marriage, their contribution to the schooling or advancement of the other party, and the assets they have available to them with which to support themselves. Permanent support, as opposed to temporary support, is very much in the discretion of the judge.

     Historically, alimony arose as a result of the indissoluble nature of marriage. Because divorce was rare, husband and wife remained married, even after their physical separation, and the husband's obligation to support his wife continued. With the growing view that men and women should be treated equally, the law now recognizes that both husbands and wives owe each other a similar duty of support. Accordingly, courts now typically order the higher wage earner to pay spousal support to the other party.

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