• Definition: Periodic Spousal Support refers to regular payments, typically made on a monthly basis, from one spouse to the other. This form of support is designed to provide financial assistance over time and is reviewed periodically or continued indefinitely depending on the agreement or court order.

Amount of Spousal Support:

• The amount of Periodic/Monthly Spousal Support is determined based on several factors, including:
  • Length of the marriage: Longer marriages often result in higher support amounts, particularly if one spouse was financially dependent.
  • Income disparity: The difference in income between the two spouses will directly affect the amount of support. If one spouse earns significantly more, they may be required to contribute more.
  • SSAG (Spousal Support Advisory Guidelines): The SSAG provides a framework for calculating the appropriate amount of monthly support. These guidelines consider factors such as the income of both parties, length of marriage, and any child support obligations.
• Determining the Amount:
  • Mediators or legal professionals can use software like Divorce Mate or DivorcePath to calculate the recommended support amount based on the SSAG. These tools help ensure fairness and compliance with legal guidelines.
  • The specific amount will depend on the recipient's financial needs and the payor's ability to provide support without undue hardship.

Examples:

• Example 1: A spouse who was a stay-at-home parent for most of a 20-year marriage may be entitled to a higher monthly payment than a spouse in a shorter, financially equal marriage.
• Example 2: A spouse working part-time with a lower income may receive regular monthly support to bridge the financial gap between their income and that of the higher-earning spouse.

Legal Guidelines:

• Under the SSAG, periodic spousal support is often awarded in situations where the recipient requires ongoing financial assistance. The guidelines take into account various factors, such as the standard of living during the marriage, the ability of the payor to pay support, and the recipient's ability to become financially independent over time.

Why This Matters:

• Periodic/Monthly Spousal Support ensures that the recipient can maintain a reasonable standard of living after the separation. Mediators must ensure the agreed amount is fair to both parties and is aligned with legal standards.
• Adjustments may be needed over time, and the agreement can include provisions for reviewing the support if circumstances change, such as changes in income or the recipient's ability to become financially independent.