September 2, 2016, In Family Law
Former Real Housewives Of New York reality star Bethenny Frankel has recently been relieved of paying one expensive bill each month. Earlier this year a New York state appeals court ruled that Frankel would no longer need to pay Jason Hoppy, her ex-husband, spousal support each month.
The temporary maintenance amount was $11,852 a month.
The court judges ruled that both parties were fully capable of supporting themselves. Both parties agreed to waive claims for spousal maintenance and support, presently and in the future.
Temporary Spousal Support Versus Permanent Spousal Support
Temporary spousal support is designed to provide some financial support to a lower-income earning spouse during the divorce process. These payments typically end once a permanent spousal support award is in place.
Permanent spousal support is granted so that the lower-income earning spouse can maintain the previous “marital standard of living” once the divorce is finalized.
Contrary to what the term suggests, permanent spousal support in Los Angeles is not, in fact, “permanent”. Short-term marriages (generally considered as being ten years or fewer in duration) will see “permanent” spousal support lasting no longer than half the duration of the marriage. Shorter marriages may not be eligible for spousal support, while the length of time permanent spousal support will be paid for a long-term marriage will vary.
What Is Considered When Determining Spousal Support?
A number of factors will be taken into account when assessing spousal support including:
- The skills of a supported spouse, the current job market, and the training/education necessary to develop these skills
- How much the supported spouse’s ability to earn money has been hindered by needing to tend to domestic duties (such as raising young children)
- How much the supported spouse enabled the paying spouse to get and/or advance in his/her career
- The supported spouse’s ability to work outside of the home without that work interfering with the health and well-being of any dependents in his or her custody
- The paying spouse’s ability to pay spousal support
- The financial needs of both spouses
- The debts and assets of both spouses
- The age and the health of both spouses
WHITMARSH FAMILY LAW provides guidance on spousal support agreements and has helped couples negotiate, modify and terminate these agreements for several years.