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Determining Fair Spousal Support

Spousal maintenance — often referred to as alimony — is one of the most misunderstood aspects of divorce in Arkansas. Many divorcing spouses make the mistake of thinking it will be automatically awarded, usually to the wife. However, judges follow a strict guideline when determining whether spousal maintenance will be awarded, how much and for how long.

The timeliness of Spousal Support often makes a difference for those individuals who have relied upon their spouse for financial assistance in many instances for years. While Arkansas Courts are often not as quick to address this issue as we would hope, the law provides for a fair and equitable basis to ensure that you get the ongoing financial assistance from your former spouse necessary to allow you to get back on your feet. That spousal support under certain situations even can last until your death. In divorces regarding Alimony/Spousal Support, having the right attorney who can best present your situation can often make the difference in your case.

Every Divorce Is Different

It is natural for both spouses entering into divorce to have questions about alimony. One spouse may seek it; the other will fight against paying it. While there are guidelines the courts follow, every divorce is different.

In general, the courts look at these guidelines when making their decision about awarding alimony:

  • Duration of the marriage: Permanent alimony (until remarriage) is typically only awarded for marriages of 10 years or longer, and only if one spouse will be at a significant financial disadvantage from the loss of income brought in by the other spouse.
  • Earnings potential: Judges will also look at the education and job skills of both parties to determine whether one spouse will require temporary alimony while returning to school or getting back into the job market.
  • Child custody considerations: Judges will also review the custody agreement to determine whether it will be difficult for the custodial parent to return to the job market.
  • Child Support: Includes support paid for the care of the minor child/children in every custody situation.
  • Health and emotional considerations: The courts may also take into consideration the emotional and physical health of the both parties.

These are just some of the main considerations the courts will look at when determining whether to award spousal support on a permanent or temporary basis. If you are considering filing for divorce in Arkansas, or have already been served, talk to an experienced lawyer who knows the guidelines and will stand up to protect your rights.

Get Experienced Assistance For Your Divorce Case

Call the Tapp Law Firm, in Hot Springs, to arrange a free consultation with family law attorney Tapp Law Firm. Mr. Tapp has been protecting the rights and financial interests of clients in divorce cases since 1998. Call 501-623-9800 or send an email requesting a return call.