Types of spousal support available in Connecticut divorces
Whether you’re the one paying spousal support or on the receiving end, it’s a good idea to familiarize yourself with Connecticut law. Did you know there are various types of spousal support in CT?
If you’re not familiar with the various types of spousal support it’s tough to ensure you’re receiving a fair amount each month. How Connecticut determines spousal support depends on a few factors.
Types of spousal support
Most states, including Connecticut, don’t lump spousal support under a single type. Also known as alimony, these are payments one former spouse makes to another to help cover their living expenses. Who typically pays spousal support in Connecticut?
The highest-earning spouse is usually the one ordered by the court to pay alimony. Currently, states typically recognize three types of alimony.
Permanent Spousal Support
Okay, take a deep breath, especially if you’re the one paying alimony. Permanent spousal support doesn’t necessarily mean you’re paying alimony for the remainder or your life or your spouse’s, whichever comes first. Permanent alimony typically only lasts until your former spouse remarries or one of the former partners passes away.
Who typically receives permanent spousal support? If one spouse wasn’t working during the marriage or their income level was significantly lower than their former spouse’s, the judge may order the higher earner to pay permanent alimony. These payments are intended to help ensure both spouses can continue to enjoy the relatively same quality of life as they did during their marriage.
Temporary Alimony
Depending on whether you’re paying or receiving alimony, finding out if it’s temporary can be either good or bad. Temporary alimony is generally issued by a family court judge during the divorce proceedings. In other words, the alimony is only paid during the divorce and stops once the decree is finalized.
This doesn’t necessarily mean the lower-earning spouse is on their own after the divorce since they’re still able to receive permanent spousal support if the judge decides that it’s necessary to do—but what can change is the amount of financial support that’s given. This means that the judge has the capacity to decide to keep the payment amounts the same, reduce the financial assistance overall, or even increase the amount of it.
Ultimately, there are a few different factors that go into deciding what happens after temporary alimony ends, such as both spouses’ overall earning potential and daily living expenses.
Rehabilitative Spousal Support
This type of alimony is similar to temporary spousal support. Meaning it’s only paid to a former spouse for a short time. The primary difference is why this type of support is awarded to one divorcing spouse.
Rehabilitative alimony gives you the chance to become financially independent. Along with using the financial support to help cover living expenses, it’s also intended to be used for things like education and job training. Once the former spouse completes their education the support comes to a stop.
If you’re wondering if you can drag out your education for years, the answer is usually no. Even if the court doesn’t place a timeline on the support beyond completing your education, your former spouse can file a request to end the payments.
If you’re only taking a class or so a semester to keep the support coming in, the judge may decide you’re abusing the system. This usually means putting an end to your rehabilitative spousal support payments.
Factors determining spousal support eligibility
Simply making less than your spouse doesn’t necessarily mean you qualify to receive alimony. A few factors go into the court’s decision on whether or not to award spousal support.
In other words, just because you request alimony in your divorce doesn’t necessarily mean the court’s going to agree. So, what goes into a court’s decision?
Length of the Marriage
How long you and your spouse stayed married can impact your eligibility to receive spousal support. If you’re married for five years or less, there’s a good chance you’re not going to be awarded spousal support.
The court’s reasoning is your chances of becoming financially independent are usually higher when you’re only married for a few years. You may be able to receive temporary alimony during the divorce but this is usually it. Once the divorce is finalized, you’re usually financially on your own.
Mid-length marriages tend to have a greater chance of a spouse receiving some type of financial support. A mid-length marriage usually lasts anywhere from five to twenty years. The longer the marriage lasts the better a spouse’s chances are of receiving alimony. However, this isn’t law it’s simply how most family court judges base their decisions on whether or not to award spousal support.
The amount of spousal support for a mid-length marriage varies though the court usually goes with the half rule. This means the spousal support amount is based on half of the years the marriage lasted.
Long-term marriages are typically any union lasting twenty years or more. This is also when permanent alimony is typically awarded to the spouse with a lower earning potential. For example, if one spouse stays home to take care of the children during the marriage.
Since they’re out of the workforce, they’re earning potential is automatically lower than someone who’s been steadily employed.
Earning Potential
Your former spouse’s income and earning potential, along with yours, are used to help the court figure out alimony payment amounts. The court tries to keep the quality of living the same for both partners as it was during marriage, but this is tough. Remember, just because a spouse’s income stays the same it doesn’t mean you’re entitled to half or more of their earnings.
Factors like health, work skills, age, and education for both divorcing spouses will be considered by the court. The dependent spouse may also be entitled to higher alimony payments if the court feels they made significant sacrifices during the marriage, which can be anything from staying home to raising children to giving up an established career.
Learn more about spousal support eligibility
Spousal support isn’t automatically awarded in divorces. There’s a process you need to go through. To help ensure your financially stable after a divorce it’s a good idea to retain legal representation. This applies whether you’re requesting alimony or the one who may be paying it out.
