What factors determine spousal support?

On Behalf of | Nov 3, 2022 | Divorce |

A court may order spousal support to ensure that both parties can enjoy a similar standard of living even though they are no longer living together. This is also called spousal maintenance.

The Hawaii State Legislature allows courts to award spousal maintenance based on several factors such as the duration of the marriage, the age of the parties and the earning potential of both parties. There are three types of spousal support: temporary, short-term and long-term.

Temporary support helps bridge the gap

Couples most commonly see this while the divorce is still pending. Legal fees, moving expenses and other surprise costs arise during the early days of divorce. Temporary support is available for those who are in a financial crunch that is likely to end once a judge signs the final divorce decree.

Short-term support may extend past the divorce’s finalization

Sometimes, one party needs more than the duration of the divorce process to get back on their feet. In these cases, a judge or mediator may award additional short-term spousal support to extend 6 months or a year past the divorce decree’s final date.

Long-term support helps the unemployed, aging and disabled

If one party has a long-term illness and was relying on the other person for ongoing financial support and insurance, the court may create a long-term compensation plan for that individual. Additionally, those who divorce later in life and are unable to find work or who were counting on their spouse’s retirement may meet the criteria for long-term spousal support.

Spousal support is a common feature of divorces that you can request if you anticipate significant financial hardship.