When Am I Entitled to Spousal Support?

Generally, after the divorce, the first concern of a couple is spousal support. Basically, spousal support includes a lot of things. After the separation of a couple, it plays a vital role in the financial stability of a couple and responsibilities.

When a couple gets separated, they need to deal with many things, such as the shared property, dividing the assets, responsibilities, and so on. That is why usually couples get confused about how the court determines it. And also how a spousal support lawyer in Winnipeg can assist in this regard.

So, in this writing, we will discuss when you will be entitled to spousal support and every nitty-gritty about it. Keep reading to learn more.

How is the Spousal Support Determined?

Basically, spousal support is based on the couple’s financial and economic condition. When a couple goes to court to claim spousal support, the court will consider certain factors to determine the spousal support.

First and foremost, the court will compare the monthly income of the spouse and monthly expenses. And there are some financial and economic needs for both parties. According to those factors, the court will determine the spousal support of an individual case.

When You Will be Entitled to Spousal Support?

Various factors play a significant role in determining spousal support. But there is some primary concern while deciding the spousal support. In another word, the court will take certain factors as the basic and primary concern of such cases.

Those primary factors for spousal support may include the following:

• The financial condition and needs of the spouse.
• Whether the spouse has the financial ability to pay the spousal support or not.
• Their monthly income and expenses.

What Do You Need to Show the Court to Entitle the Spousal Support?

After the divorce of a couple, that couple will claim spousal support in court. In order to get spousal support, you need to go through a legal procedure. First and foremost, the court will ask you for some basic information. And you also need to show the court according to the process.

If you fail to show that information, you may not be able to get spousal support. Usually, in most cases, the court will ask for the following details;

Financial Condition

This is the very thing that the court needs to know while determining the spousal support. Generally, the financial condition refers to the monthly expenses, bills, and income. So, the court will ask you to show those expenses. And according to the income and expenses, the court will decide the spousal support.

Also, it is always better to provide as much information as you can to the court. As a result, you will get certain advantages. When the court evaluates your case, they will understand how much support you deserve. According to that information, you will be awarded for spousal support.

Health Condition and Age Factors

For spousal support, health condition and age also play a significant role. For example, if one spouse is physically unable to work or in a bad health condition. Then that spouse will get some advantages in terms of spousal support.

In some cases, some people need to go through regular medical checkups or treatment. In that case, the court may award that spouse some permanent spousal support. Additionally, age also plays a significant role in this regard. Definitely, people near retirement age also affect the financial needs of a person.

Employment Factors

Usually, the female one handles the home and child upbringing duties. In such cases, they make no money and are unemployed in most cases. As a result, after the separation, they deserve spousal support. Or else they need to go through some hardship and challenging situation. So depending on one’s job status or education, the court determines the spousal support.

Duration of the Marriage

There are so many divorce cases that are happening worldwide every day. Each and every case is unique to others. Also, the duration of marriage is not the same. For example; some couple gets a divorce in a few weeks after getting married. On the other hand, some get divorced after 10-20 years of their marriage.

So, while determining the spousal support, the court will not evaluate both cases from the same perspective. As a result, there is a basic principle in this regard. If you and your spouse were in a long-term relationship, then the spousal support rate will go higher than a short-time couple. The court will also evaluate those cases according to those factors.

The Bottom Line

After the separation of a couple, spousal support is a significant concern. Sometimes, a couple needs to deal with a lot of things after the divorce. And spousal support is one of them. In some cases, most couple gets confused about these issues. They wonder how does it determine, how the court decides it, and so on.

If you are going through a similar situation, you can seek help from a professional spousal support lawyer. If you still have any further confusion, you can explore it online or simply go through the above writing. Hopefully, this writing helped you to understand when you will be entitled to spousal support.

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