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What is spousal support (alimony)?

Spousal support is an award of future payments to one spouse payable from the future earnings of the other spouse. Spousal support can be made as one lump sum payment or through a series of payments. The courts usually consider factors such as the length of the marriage, the conduct of the parties during marriage, the education and earning capacity of the parties, etc. in determing spousal support. For example, if the dependant spouse commits adultery, a court is very likely to deny spousal support.

Bankruptcy: Spousal support is not a dischargeable obligation. Therefore, the supporting spouse is still obligated to make spousal support payments even after filing for bankruptcy.

Modifiability: Spousal support may be modified upon proof of a subsequent, substantial change in circumstances.

 

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