My Husband wants Spousal Support – is that Legal?

Spousal support is one of the most debated aspects of most divorces.  The person who will have to pay often wants to pay a lot less than the person who is requesting the support wants to receive.  Traditionally, most people believe that the husband will pay the spousal support, but it is possible for the wife to have to pay.

In today’s world, many men are choosing to stay home with their children while his wife works each day.  This choice is made for many reasons – perhaps he lost his job or his wife makes a lot more money.  Maybe he just wants to be closer to his children.  In any case, if the couple files for divorce, he will be the spouse with the lower income and if spousal support is ordered, he will be the one who receives it.

If your husband’s career suffered while you were married, such as being out of the job market for years because he stayed at home to raise the children, it is likely you will have to pay him spousal support.  The idea behind spousal support is that neither spouse should leave the marriage with a lot more money than the other.  Your husband will need time to find a job or to go to school for a new career.

Since it is probably that all of the money each of you made in the marriage was pooled to pay household expenses, your husband will need support to maintain his standard of living while he searches for a new career. Talking to your attorney is the best way to find out if it is possible you will have to pay support to your husband.

Remember the judges don’t automatically assign spousal support in a divorce trial, unless one spouse will be in a desperate financial situation without it.  The length of time that spousal support has to be paid varies from state to state, but it is usually provided until the spouse can either learn a new job skill or find adequate employment. Unlike child support, spousal support is not easily changed once the divorce decree is finalized.

If you are currently involved in a divorce and require legal guidance, before you spend thousands of dollars in legal fees, check out our ebook “The Spousal Support Manual.” This ebook gives you the information you need to make informed decisions about spousal support, such as how to negotiate the amount and examples of documents you need to be familiar with as you go through your divorce. Grab your copy here.

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